A 23-year-old Carson City man, accused three years ago of supplying a nearly lethal dose of black tar heroin to a 16-year-old, is to appear Aug. 9 in District Court on a drug possession charge in connection with the case.
Randy Isaacs appeared before East Fork Justice Jim EnEarl on Wednesday to waive a preliminary hearing.
Isaacs' lawyer, Tod Young, said his client had turned his life around since Aug. 11, 2007, when he allegedly sold heroin to David Philips.
"Since that time, he (Isaacs) has remained sober, completed inpatient treatment and continued with his counseling," Young said. "He is employed, has been able to purchase a house and doesn't drink or used controlled substances."
The drug possession charge is a felony, but probation is mandatory. Isaacs would be eligible for a deferral program and his record sealed if he successfully completes it.
On Aug. 11, 2007, paramedics found Philips unconscious in a Gardnerville home 17 hours after he allegedly smoked heroin with three juvenile friends.
Near death, his heart stopped enroute to Renown Regional Medical Center in Reno. He suffered brain injuries and damage to his left arm due to oxygen deprivation.
Philips spent two months in a coma at the hospital before he was transferred to the Institute for Rehabilitation and Research in Houston.
Shortly after the incident, Isaacs was charged with sales of a controlled substance and possession of a controlled substance. The district attorney's office dismissed the charges without prejudice and faced a three-year statute of limitations to refile.
Assistant District Attorney Michael McCormick said at the time the charges were dismissed in anticipation of refiling when Philips had recovered sufficiently to testify against Isaacs.
Tom Gregory, chief criminal deputy district attorney, said Monday the county had until August to make a decision.
"Basically, we had to make the charging decision to go forward now, or let the case go. We went forward with a charge that supports the evidence," Gregory said.
He said the case remained an active investigation.
"It's not one I would just let go," he said.
He said the Philips family agreed with the charging decision.
David's father Mike Philips said Monday his now-19-year-old son continues to improve.
"David is doing really well. He is making some progress with his arm coming back. It's a painfully slow process, but progress nonetheless," Mike Philips said.
David divides his time between his father's residence in Gardnerville and his mother's home in Texas where he undergoes therapy.
He said David has been able to walk on his own for more than a year.
"He hasn't needed assistance for quite a while," Philips said. "He is not going to compete in a marathon anytime soon, but there have been no problems."
Philips said David has been focusing on recovering use of his left arm and completing his general equivalency diploma.
"We have a small window of opportunity to get as much out of regenerating the cells in his arm," Philips said. "We figure we have time to finish the GED."
Phillips said he didn't plan to attend proceedings against Isaacs.
"I kind of don't care about that part anymore. There are just so many more important factors to me," he said. "What happens to him (Isaacs) just doesn't register."
EnEarl complimented Isaacs on the direction his life has taken.
"You've done pretty well considering you almost got yourself in a terrible mess," the judge said Wednesday. "You know the success rate of heroin recovery is not very high."
Isaacs said he had received support from his family and focusing on his treatment.
"When I was in jail, I had to go to emergency while I was in detox," Isaacs said. "I don't want to go through anything like that ever again."
