Trials for men accused in fatal Bismarck fentanyl case canceled after judge accepts guilty pleas (2024)

The trial forthree men accused of distributing fentanyl and causing the death of a 30-year-old Bismarck man was canceled after a judge accepted guilty pleas that could send two of the three to prison for a maximum of 20 years.

Joshua Crowley, Harlan Kastrow and Dustin Sapot entered open pleas during a court appearance on Wednesday. The appearance came a week after South Central District Judge James Hill rejected plea agreements between prosecutors and the defendants' attorneys.The rejection came after family members of the deceased opposed the agreements and requestedmaximum sentences.

An open plea means there is no predetermined sentencing agreement, andthe judge can impose a sentence ranging from the minimum to the maximum allowed by law.

Assistant Burleigh County State's Attorney Dennis Ingold told the judge thatSapot's charge would be amended to a lesser charge of delivery of a controlled substance, which carries a maximum sentence of 10 years in prison, in exchange for his guilty plea.

"The court is going to grant the motion somewhat reluctantly," Hill said of the motion to amend Sapot's charge. "The state has the discretion to change the charge."

Sapot, who appeared remotely from the James River Correctional Center where he's serving a sentencefor an unrelated matter, pleadedguilty to the lesser charge.

As for Crowley and Kastrow, Ingold said there would be no change to their charges and each manwas addressed about entering his plea.

"I'm looking at you," Hill said to Kastrow. "That decision (to plead guilty) is yours and yours alone."

Kastrow replied, "Yes your honor," before entering his guilty plea.

Turning to Crowley,the judge ensured that Crowley's plea was given knowingly and voluntarily. Crowley confirmed that it wasand thenentered hisguilty plea.

After accepting all three pleas,Hill ordered a presentence investigation. Sentencing will be scheduled at a later date.

In each case, Ingold outlinedthe factual basis for the charges and thesubsequent pleas. Thefacts indicate that all three men wereinvolved indistributingfentanyl pills that were ultimately sold to Brody Seitz.

Seitz was found in a bathroom at a residence in north Bismarck on Nov. 30, 2023. He was taken to a local hospital, where he was pronounced dead.

Ingold told the judge that investigators from the Burleigh County Sheriff's Department traced a series of transactionsstartingwith Sapot, who sold pills to Kastrow.Kastrow thensold pills to Crowley, who sold pills to Seitz. These transactions wereuncovered when investigators reviewed contents on Seitz's phone, which contained messages and Cash App transactions with Crowley, Ingold said. Similar searches of Crowley's phone led authorities to Kastrow, whose phone contents implicated Sapot, according to Ingold.

Followingthe acceptance of their guilty pleas, Hill addressed bonds for Crowley and Kastrow. Both hadbeen released on $10,000 and $5,000 cash bonds, respectively, andwere enrolled in drug treatment programs while the case was ongoing.

Hill announced his intention to have both taken into custody. Ingold said the State's Attorney's Office had no position on Kastrow and Crowley's freedom, but defense attorneys argued that their clients would be better served if they were allowed to continue receiving treatment in their respective programs. Kastrow’s attorney, Philip Becher, requested that Kastrow remain free to attend a family member’s funeral. Becher asked for permission for Kastrow to turn himself in on Monday.

"The funeral is supposed to be this weekend, so we would respectfully request he be allowed to turn himself in on Monday," Becher said.

Hill denied the requests from Becher and Crowley's attorney, Grant Walker.

"They stand convicted of causing the death of a human being," Hill said. "Bond remains with the clerk of court until the case is concluded, and we're not there yet."

Once the presentence investigation is complete, attorneys, the defendants and Seitz’s family members will be allowed to present arguments for sentencing recommendations. However, under court rules for open pleas, judges have discretion in sentencing.