7 YEARS PROBATION IN HEROIN DEATH

Man Bought Drug That Killed Friend

A Madison man who supplied the heroin that killed a good friend was
put on probation and will be able to get into a local drug program,
but he may have a prison sentence if he is not successful.

Jonathan Lehnherr, 25, was put on probation for seven years Wednesday
and ordered to spend one year in the Dane County Jail, some of which
will be stayed if he is successful in the Treatment Alternatives
Program for drug abuse at Hope Haven, but Dane County Circuit Judge
James Martin also left Lehnherr facing a possible seven-year prison term.

Lehnherr supplied the heroin that killed Michael Ace, 31, in a West
Wilson Street apartment building on May 5, 2005. Both Assistant
District Attorney Brian Asmus and defense attorney Gregory Dutch
recommended that Lehnherr be put on probation with a few more months
in jail so that he could get immediate drug treatment.

But Martin said he was troubled by the fact Lehnherr injected the
heroin into Ace and that he obtained heroin twice on the day Ace
died. For those reasons, he imposed the seven-year prison term, with
three years of incarceration and four years of extended supervision,
but then stayed that term in favor of seven-year probation.

That means that if Lehnherr violates the terms of his probation and
it is revoked, he would immediately go to prison with no further court action.

"My hope is that this never comes into play," the judge said. Martin
also said he was "hopeful there has been some kind of epiphany that
you understand how serious this is."

"There can be no greater crime than being responsible for the death
of another human being."

Asmus said in his remarks that he was willing to forgo a prison term
for Lehnherr because Ace's family emphatically stated they didn't
want to see Lehnherr in prison, because Lehnherr was truly remorseful
for the death of his longtime friend, and because Lehnherr led police
to Lavina Mull, who sold him the heroin.

Without Lehnherr's cooperation, Asmus said, police would have not
been able to establish that Mull was the ultimate source of the
heroin. Mull is currently facing a 10-year prison term for the death
of Sarah Stellner, 20, in 2004, and is awaiting trial on charges that
she sold the heroin to Lehnherr that eventually killed Ace.

Defense attorney Dutch made a recommendation similar to Asmus',
although the two differed slightly on how much more jail time
Lehnherr should serve. He has been in jail since his arrest on the
charge. Dutch also emphasized that Lehnherr, when he discovered Ace
was in medical trouble, had another person present call for an
ambulance and tried to revive his friend with CPR.

Lehnherr told the judge he was ready to accept responsibility for the
death of Ace, and despite past denials of his drug problems was now
able to admit his addiction and was ready to get help.

"When Mike died I lost someone who was very special to me," he said.

Ace died after Lehnherr had purchased $50 of heroin, which he shared
with Ace and a woman who was also at the apartment. He injected both
Ace and the woman with the drug. Later that day he bought another
$100 worth of heroin and the three used the drug again. Lehnherr
later noticed discoloration in Ace's leg and found him not breathing.