A New York woman charged in the fentanyl death of a Cumberland County woman pleaded guilty to a lesser charge just days before she was to go on trial for the 2018 drug overdose case.
Last-minute issues created problems for state prosecutors, but not to the point Diana Lynn Grosso, 65, Otisville, NY, wanted to take her chance with a jury in a second-degree murder two-day trial scheduled to begin Wednesday.
Grosso flew to Nashville Sunday night and arrived in Cumberland County Criminal Court with her Sparta attorney, Stephanie Johnson. After reviewing a six-page plea document, she pleaded guilty to the lesser-included offense of reckless homicide.
Second-degree murder was a Class A felony at the time of the offense and carried a 15- to 25-year prison sentence to be served at 100% minus 15% incentives built into the law, and a fine of up to $50,000.
Reckless homicide was a Class D felony at the time, carrying a sentence of 2-4 years to be served at 30% as a Range 1 offender.
Grosso accepted a three-year sentence.
Criminal Court Judge Gary McKenzie reviewed the six-page plea agreement which outlined Grosso’s rights and the rights she would be losing by entering the plea.
McKenzie accepted Grosso’s pleas as a “voluntary and knowingly plea” and set a sentencing hearing for June 3 at 11 a.m.
At that hearing, each side will be allowed to enter pertinent testimony and the judge will then consider mitigating and enhancement factors with three options for punishment.
One option is to serve the full three years in prison, with credit for 242 days already served in jail. Another option is split sentence with a minimum of one-year to serve at 30% with the remainder on supervised probation. The third option is supervised probation for three years.
The case has been the subject of numerous hearings, motions and meetings between the two sides, the latest occurring last week when the state became aware that details in the autopsy report were made known.
Originally, the autopsy report listed the cause of Julia Meade’s death in July 2018 as “accute fentanyl toxicity.” The indictment accused Grosso of providing what Meade, 59, of Arrowhead Drive, Lake Tansi, thought was cocaine, with fentanyl, leading to Meade’s death.
The change in the autopsy report includes the discovery of “narrowing of the arteries” as being a contributing factor in the death.
A second major issue was territorial jurisdiction of the case. Johnson had argued in motions Grosso was not in Tennessee when Meade died.
In addition, testimony given during a previous hearing was that Meade and her husband — both formerly from New York but living in Lake Tansi in 2018 — had traveled to New York to purchase the cocaine/fentanyl.
Assistant District Attorney Philip Hatch noted both issues could present difficulties with the jury accepting a second-degree murder conviction. Johnson noted the sentencing agreement was a strong consideration for Grosso considering the exposure of the sentence she was facing if convicted.
McKenzie agreed and added he had no way of knowing prior to the June sentencing hearing what evidence would lead to a decision on punishment.
Hatch called one witness — TBI Special Agent Billy Miller — to establish enough evidence to support the guilty plea.
Miller testified he traveled to New York during his investigation to question Grosso after the original autopsy report listed acute fentanyl toxicity as Meade’s cause of death. He learned during his investigation the Meades had been purchasing cocaine from Grosso since 2006.
Grosso sold the fentanyl-laced cocaine to the Meades in New York and the Tansi couple returned to their Tennessee home where the drug was used, resulting in Julia Meade’s death.
McKenzie accepted the testimony as providing enough evidence to support a reckless homicide conviction. He added for the defense to proceed to trial on the second-degree murder change was a gamble, while the state was presented with over-coming the hurdles of jurisdiction and the changed autopsy report.
Grosso, who has maintained required court appearances and contact with her attorney, was allowed to remain on bond pending the June sentencing hearing.