An overdose case dating that began in 2023 involving a 14-month-old has taken a new turn after a violation that brought the father back before a judge in Brooke County Court.
A West Virginia father connected to that case is now headed to prison after violating the terms of his home confinement.
Zachary Thomas Henderson, of Follansbee, was originally sentenced to six months in jail with three years of home confinement.
In September of 2024, Henderson pled guilty to “child neglect resulting in death” and “gross child neglect creating a substantial risk of death or serious injury”. His child died as a result of a fentanyl overdose.
Officials say in February of this year during the home confinement period, Henderson admitted to taking painkillers that were not prescribed to him; a direct violation of the conditions set by the court.
“Based upon the circumstances, found it appropriate to revoke his alternative sentence and yesterday he was sentenced to serve the underlying sentence of 3 to 15 years in the division of corrections.,” said Allison Cowden, Brooke County Prosecuting Attorney.
That violation brought him back before a Brooke County judge on Tuesday, April 15, where that original prison sentence was reinstated.
“When drug addiction is involved, we try to give them options either by way of probation getting services through probation. We do have a drug court in Brooke County that we’ll make referrals to and see if they can get addiction treatment through the drug court. We give them that opportunity sometimes they fail and sometimes they succeed. I think it’s all a matter of whether that person is ready to get the treatment that they need or not,” Cowden said.
Prosecutors say while those alternatives are meant to help individuals struggling with addiction, they don’t always work in every case.
That individual was sentenced in Brooke County to 3-15 years in jail, which was the original sentence that he faced in 2023.