By Liz Adkins
InkFreeNews

Shawn David Hovenden

WARSAW — A Claypool man will serve 20 years in prison after dealing drugs to a Warsaw man who overdosed and passed away.

Shawn David Hovenden, 27, 3350 E. 700S, Claypool, is charged with dealing a controlled substance resulting in death, a level 1 felony.

Hovenden was sentenced in Kosciusko Circuit Court on Monday, Sept. 15.

Kosciusko Circuit Court Judge Matthew Buehler sentenced Hovenden to 25 years in the Indiana Department of Correction, with 20 years executed and five years suspended on probation. He has 165 days of jail time credit, plus good time credit as calculated. Hovenden’s sentence will be served back-to-back to a separate criminal case for drug possession in Whitley County.

Buehler approved Hovenden for participation in Recovery While Incarcerated while in prison.

At sentencing, Defense Attorney Austin Rovenstine said what happened between Hovenden and the victim, Ryan Kiesow, 23, Warsaw, was “not a murder … there was no malice, no intent to kill.”

“There was a casual indifference here to the potential consequences of fentanyl use,” said Rovenstine. “It’s a problem that so many addicts are casually indifferent to death. The reality is a lot of people who are prosecuted for these crimes are addicts in our own community.”

Rovenstine said he was deeply saddened for Hovenden and Kiesow’s families, and families who have lost loved ones to substance abuse. He also requested the court consider Hovenden for placement in RWI.

Prosecutor Brad Voelz said he agreed with every statement Rovenstine made.

“There are too many people who die in our community from this terrible poison,” said Voelz. “Fentanyl is deadly and the smallest quantity can be fatal.”

Voelz noted Kiesow’s mother and sister were present in the courtroom, describing them as “devastated.” He said Kiesow’s mother told him prior to sentencing that “two people died that day and only one was buried.”

“Two families are broken and I blame this drug,” said Voelz.

Hovenden apologized to Kiesow’s family for his actions, saying he and Kiesow were friends.

“I take responsibility for my actions … I know this could have very well been me (who died),” said Hovenden.

Affidavit of Probable Cause

On Oct. 27, 2023, EMS personnel responded to a Warsaw residence regarding an unresponsive man. Law enforcement went to the scene and discovered the man, later identified as Kiesow, was dead. Emergency personnel at the scene said they believed Kiesow’s cause of death was possibly a drug overdose.

According to court documents, upon searching the residence, officers found drug paraphernalia and a pill associated with containing fentanyl. A relative of Kiesow’s provided law enforcement with Kiesow’s cellphone. The relative said Kiesow had overdosed one to two months prior on fentanyl and was taken to a local hospital.

Upon searching the phone, officers found a conversation from Oct. 26, 2023, between Kiesow and Hovenden. In the messages, Hovenden agreed to sell Kiesow four counterfeit fentanyl pills in exchange for money. That same day, Hovenden left Kiesow an audio message asking if Kiesow was okay and also told Kiesow to let him know if he needed some more.

An autopsy report showed Kiesow’s manner of death was ruled accidental, with the cause being fentanyl and methamphetamine toxicity.