The Kane man who delivered fentanyl to another Kane man who died from fentanyl toxicity has been sentenced.  District Attorney Stephanie Vettenburg-Shaffer reports that Paul MCMAHON was sentenced to a period of state incarceration of 124 months to 254 months and 1 year of post-release supervision by President Judge John H. Pavlock.

On May 6, 2022, emergency medical personnel and police were dispatched to a home on Pine Street in Kane for an overdose death.  Numerous first responders and District Attorney Stephanie Vettenburg-Shaffer were on scene and the DA referred the investigation to the State Police.  Trooper Eric Thompson handled the investigation.  An autopsy showed that the victim died from fentanyl toxicity.  Residue on a metal spoon seized from the scene was determined to contain fentanyl. 

Trooper Thompson found evidence showing communication between MCMAHON and the deceased victim about suspected drug transactions leading to the victim’s death.

Following investigation, Trooper Thompson charged MCMAHON with Drug Delivery Resulting in Death, Drug Delivery, and other charges.   

MCMAHON faced other charges as well in three other, unrelated cases.

On July 5, 2022, Kane Borough Police investigated MCMAHON for menacing another man and Chief Boyer filed charges in that case.

On July 27, 2022, Pennsylvania State Police learned that Kane Borough Police were investigating stolen firearms and crossbows from a residence in Kane.  They executed a search warrant at a residence in Kane and located numerous stolen firearms and crossbows and controlled substances.  Trooper Hunter Freer charged MCMAHON and another person with Receiving Stolen Property and other charges.

After MCMAHON was charged and incarcerated at the McKean County Jail, he was charged by Trooper Brandon Long with throwing urine at another inmate.

MCMAHON pled guilty to Drug Delivery Resulting in Death (Felony), Possession with Intent to Deliver a Controlled Substance (2 counts, Felony), Criminal Use of a Communication Facility (Felony), Aggravated Harassment by Prisoner (Felony), Possession of a Firearm with an Altered or Obliterated Manufacturer’s Number (Felony), Receiving Stolen Property (Felony), and Simple Assault by Physical Menace (Misdemeanor). 

District Attorney Shaffer argued for the sentence in this case and argued that the sentencing guidelines supported it, citing another case in McKean County where an offender convicted of Drug Delivery Resulting in Death received a sentence of 7 years to 14 years on the charge of Drug Delivery Resulting in Death and 8 years to 16 years total.  She argued that, while the sentencing guidelines set by the legislature for the charge of Drug Delivery Resulting in Death provided for a sentence of only between 66 months and 84 months, a sentence of 124 months to 254 months (or 10 years to 21 years) was warranted in this case due to the numerous charges he had been convicted of by way of plea agreement and, with the allowable guidelines set by the legislature for each offense, the proposed sentence was within the allowable guideline ranges when the sentence for each offense is added.

At the conclusion of the hearing, Judge John H. Pavlock sentenced MCMAHON to a total period of incarceration in State Corrections of 124 months to 254 months plus 1 year of post-release supervision, lab fees, no contact with the immediate family of the deceased victim, the owners of the stolen firearms, or the victim of the menacing, as well as drug and alcohol treatment and additional terms.  He is not eligible for any early parole program. 

DA Vettenburg-Shaffer highlighted the diligence of the investigating officers in these cases. “The crimes charged here, particularly the charge of Drug Delivery Resulting in Death, result in lengthy investigations and thousands of pages of documents, numerous items of physical evidence, and complex laboratory reports.  The attention paid by the officers involved in such complex cases is greatly appreciated.  I want to personally thank the investigators in all of these departments and the District Attorney’s Office for their diligence and collaboration in bringing each of these investigations, particularly the lengthy investigations, to a successful completion.”