‘Middleman’ sentenced in Virginia woman’s overdose death

VIRGINIA — The “middleman” for a fentanyl transaction that killed an Iron Range woman nearly two years ago was granted a measure of leniency from a judge Tuesday.

David Keith Joseph Chatman, 38, of Virginia, faced over seven years in prison under state guidelines for his third-degree murder conviction stemming from the October 2021 death of his friend and neighbor, Brooke Ann Miller.

But Judge Robert Friday partially granted a defense motion for a departure, imposing a 43-month term that is just half of the 86-month presumptive sentence.

“Mr. Chatman needs treatment, not prison,” defense attorney Andrew Poole told the court. “He needs assistance with his mental health.”

Chatman admitted he introduced Miller to a local drug dealer, Torisa Sulvoris Wallace, who sold the victim a substance that was believed to be heroin. But Miller overdosed on the product, and her death was later attributed to fentanyl toxicity.

Wallace was sentenced in September to just over 11 years in prison, having pleaded guilty to the same charge.

Chatman entered his plea in October, but his sentencing was delayed nearly eight months after Poole raised concerns about his mental health. After two evaluations, Friday last month found him competent to proceed.

According to court documents, Miller’s boyfriend found the 33-year-old unresponsive on the floor of their apartment at Ivy Manor, 201 N. Fifth Ave. W., just after 8:30 p.m. Oct. 19, 2021. First responders attempted to revive her, but she was pronounced dead at the scene.

Police said they found a powdery substance, which was later confirmed by the Minnesota Bureau of Criminal Apprehension to contain fentanyl. Officers also spoke with Chatman, another resident of the apartment building, who had stopped by to ask about Miller and indicated she had been looking for heroin, according to a criminal complaint.

Investigators with the Lake Superior Violent Offender Task Force followed up with Chatman the next day. He allegedly stated that she had asked him for heroin a few days prior, but he turned her down. He said she asked again Oct. 19, so he contacted his supplier — later identified by police as Wallace.

Wallace and Miller went to Chatman’s apartment, where Miller paid $40 for what Chatman said he believed was heroin, according to the complaint. Chatman indicated Wallace produced the substance from a plastic bag and placed a small amount on a dollar bill; Miller then took it and left.

While executing search warrants Oct. 21, task force investigators said they recovered from Wallace’s person a plastic bag containing a substance that later tested positive for fentanyl. Cellphone records also allegedly showed Miller messaging Chatman at 2:24 p.m. to ask, “Can u help me get some of that I was asking about that day?” The complaint states that Chatman responded, “Yes. How much?” and then called Wallace.

With the help of surveillance video and bank records, investigators said they were able to determine Miller left Ivy Manor at 3:13 p.m. and withdrew $40 from a bank. She then returned to Ivy Manor, briefly stopping at Chatman’s apartment before going to her own unit, where no one else was seen entering until her boyfriend arrived home five hours later.

Chatman, at one point while the criminal case was pending, sent a one-page note to the judge accompanied by a sketch of flowers, in which he admitted to making the call after several requests by Miller. He said he was “hurt” by her death and asked for forgiveness.

His actions after entering the plea prompted the halting of court proceedings, as Poole reported his client appeared to be struggling to understand proceedings or recall their conversations. Two psychologists subsequently interviewed Chatman, with both diagnosing him with a number of conditions but indicating he was either faking or exaggerating his symptoms, seemingly to avoid prosecution.

Poole, in brief ahead of sentencing, argued that his client should not face any prison time, noting a minimal criminal record, his acceptance of responsibility and his struggles with drug addiction.

“As the court knows through its involvement with the competency process, Mr. Chatman has an IQ as low as 63,” Poole said. “Sending Mr. Chatman to prison will not address the behavioral deficits that have put him in this predicament. No matter what, Mr. Chatman will eventually be back in our community. Society is better served by offering him the opportunity to address his needs now, rather than on the back end of a prison term when his supervision would be minimal.”

St. Louis County prosecutor Chris Florey disagreed, noting Chatman failed to meet conditions of pretrial release and was discharged from a treatment program for using alcohol and THC while charges were pending. Asserting that Chatman understood the wrongfulness of his actions, the prosecutor requested the presumptive, 86-month term.

“Defendant initially declined to set up the victim with heroin,” Florey told the court. “Defendant eventually relented and set up the victim with heroin; defendant knew the narcotic supplied to the victim was ‘very strong’; and it appears defendant could have been aware that someone else had died three weeks prior from an overdose.”

Chatman, who has credit for nearly a year already served, will be eligible for supervised release after completing two-thirds of the 43-month term, which would occur around the end of December 2024.

Wallace, 40, of Eveleth, is serving a 134-month sentence after Judge Michelle Anderson rejected his request for probation or a below-guideline prison term. Florey suggested that Wallace was the “catalyst” to the murder, preying on “vulnerable drug users” like Chatman and Miller for profit.

Wallace has filed an appeal, alleging that he received ineffective counsel and arguing that the court failed to consider whether his conduct was less serious than typical in similar cases. A three-judge panel is set to hear oral arguments Sept. 27.