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Monday, November 18, 2002

Two charged in OD death

Staff Report

MIDDLEFIELD — An investigation into the death last May of a New Jersey man has led to the arrests of the two people who were with the man the day he died, said Otsego deputies.

James P. Fox, 27, of Staten Island and Shawn L. Holliday, 31, of Westwood, N.J., were arrested Sunday and charged with making a punishable false written statement, a misdemeanor. Fox was also charged with tampering with physical evidence, a felony.

Deputies said the arrests were the result of a six-month investigation into the death of Michael A. Toon, 26, who died May 11 in the town of Burlington.

Ambulance and deputies responded at about 7 p.m. on May 11 to the report of an unresponsive male at Fox's family's residence in the town of Burlington. Toon was transported to Bassett Hospital in Cooperstown, where he was later pronounced dead.

Fox and Holliday, who were interviewed that day, provided statements to police about what they were doing with Toon. They denied using drugs, and deputies said they didn't find any signs of drugs at the residence.

However, an autopsy performed at A.O. Fox Memorial Hospital on May 13 determined that Toon died of a drug overdose.

A combination of cocaine, marijuana, prescription drugs and a little alcohol was found in Toon's body, said deputies.

A subsequent investigation revealed that Fox, Holliday and Toon used illegal drugs upon arriving May 10 to the upstate area, said deputies, who also said that Fox had destroyed drugs and drug paraphernalia in the residence before police and emergency squad workers arrived.

The men surrendered on Sunday at the Otsego Sheriff's Department. They were arraigned by Middlefield Town Justice Raymond E. Burr and were released on their own recognizance.

Both are to appear back in court at 5 p.m. Dec. 9.



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