Pubdate: Mon,  6 Sep 2004
Source: San Jose Mercury News (CA)
Copyright: 2004 San Jose Mercury News
Contact:  http://www.mercurynews.com/
Details: http://www.mapinc.org/media/390
Author: Kim Vo
Bookmark: http://www.mapinc.org/mdma.htm (Ecstasy)

PLEA DEAL IN TEEN'S `ECSTASY' OVERDOSE

Man Had Supplied Drug Taken By Belmont Girl, 14

A drug dealer agreed to a plea deal Monday for his role in the death
of a 14-year-old Belmont girl who died in April after taking
``ecstasy'' during a slumber party.

Antonio Rivera Jr. of Belmont pleaded no contest to three felony drug
counts and faces a possible maximum of eight years in prison. Rivera
had given ecstasy to a 17-year-old acquaintance who in turn gave it to
three middle school girls. His plea means four of the five people
arrested in connection with Irma Perez's death have had their cases
resolved.

Irma, who experimented with the drug during the April 23 slumber party
at a friend's house, overdosed and died several days later. The two
other girls at the party watched her suffer but didn't summon help;
authorities said timely medical care would have saved Irma's life.

Prosecutors will ask San Mateo County Superior Court Judge James Ellis
to send Rivera away for the maximum eight years when he is sentenced
Oct. 22, said Steve Wagstaffe, chief deputy district attorney for San
Mateo County.

Wagstaffe said Rivera did ``one of the worst things you can do,
spreading drugs among our youth.''

Rivera's attorney argued that Rivera deserves leniency.

``I don't think sending someone to prison eight years is appropriate
for a first-time offense,'' Charles B. Smith said. ``My client was
essentially someone who gave the pill to someone else, who gave it to
the victim.''

Rivera had pleaded not guilty in May to 13 charges and could have
faced a maximum sentence of 39 years and four months. Prosecutors
agreed to dismiss 10 of the charges, and Rivera pleaded no contest to
sale of drugs to a minor, possession of cocaine for purposes of sale,
and conspiracy to distribute.

Wagstaffe said the deal was appropriate because it allows Rivera to
serve an adequate amount of time for a first offense while letting the
public avoid an expensive and time-consuming trial.

Efforts to reach Irma's family were not successful Monday.

A former Florida resident, Rivera had been in California only three
months when he was arrested, Smith said. He met the 17-year-old boy
through an acquaintance.

That boy, who is not being named because he is a minor, is now the
only person connected with Irma's death who has an outstanding case.
Besides drug charges, he has been charged with involuntary
manslaughter because authorities say he knew that Irma was in distress
that night but did nothing.

The 17-year-old will be back in court Wednesday as prosecutors seek to
have him tried as an adult.

The two other girls at the slumber party were sentenced earlier this
summer to six months of therapeutic detention in juvenile hall. And
last month, Angelique Malabey, 18, was sentenced to six months in
jail and three years probation for trying to help Rivera hide drugs
after Irma's death.
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