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Probation in oxycodone case

Sharing prescription led to death of man’s partner

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BY JESSICA STEPHEN

jstephen@kenoshanews.com

A Kenosha man was sentenced to probation Monday for doing what a judge said millions of Americans probably do every day.

Joshua Johnson could have been sentenced to 10 years in prison for the felony, but Kenosha County Circuit Judge Wilbur W. Warren III didn’t see how that would serve any purpose.

“That’s not going to stop one person from giving a Xanax to another, sharing a Valium, saying, ‘This pain medication works for me. Try this.’ They’re going to do it,” Warren said.

“I hope you learn from it,” Warren told Johnson.

“I have,” Johnson said.

No charges for her death

No charges were filed dealing directly with Pamela Johnson’s death on Jan. 17, 2009.

Jurors convicted Joshua Johnson in January for giving Pamela Johnson, his partner of 17 years and mother to his teenage son, 20 oxycodone pills on Jan. 14, 2009.

At Johnson’s trial, Samantha L. Salawater testified that she gave Pamela Johnson, her cousin, three oxycodone tablets on Jan. 16, 2009.

Salawater, 36, pleaded guilty to one count of obtaining prescription drugs by fraud and two counts of bail jumping, all misdemeanors, and also was sentenced to probation in February.

Salawater said she only gave her cousin pills because Pamela, who was addicted to the prescription pain medication, had called her five days in a row asking for medication. And, Salawater said, she didn’t want her cousin to be angry with her.

Joshua Johnson gave varying accounts of how Pamela got his pills, but his attorney argued that Pamela Johnson was addicted and persistent in her requests for additional medication from Johnson, who had the same prescription.

Sharing is tempting

With prescriptions in common, Warren said he could see how people might be tempted to share their medications.

But potentially differing dosages, as was the case in Pamela Johnson’s death, make that a dangerous bet.

Still, Warren said, Joshua Johnson was not charged for Pamela Johnson’s death. He also posed no apparent danger to the community, since the drugs were not exchanged for profit.

And, Warren argued, Johnson was not likely to repeat his mistake, given the devastating consequences.

Still, the judge struggled with finding a sentence to fit the spirit of Johnson’s crime.

“You did it out of what I perceive as love for Pam,” Warren said. “... You were trying to be helpful. How do you reinforce the lesson not to share your prescription drugs with others, even if you love them?”

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