Man charged with reckless homicide under Len Bias law

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Published on: 6/18/2013

A 40-year-old Waukesha man was charged with allegedly providing the heroin that killed Theresa R. Wamser, found dead of an apparent overdose in April 2012.

Abrian E. Kane was charged on May 30 in Waukesha County Circuit Court with first-degree reckless homicide by delivery of drugs, also known as the Len Bias Law.

According to the criminal complaint:

Waukesha Police were dispatched to an apartment at 1710 Elder Street at 8:45 a.m. on April 26, 2012, after receiving reports of a possible overdose. Wamser, 40, was found by police dead on the bathroom floor with a pillow under her head.

Friend and roommate Roberto Guzman, 41, told police that he had been staying at the apartment with Wamser and Richard Kremer, 57, for the past 10 days. The night before Kane had come over and was playing cribbage with Wamser, Guzman said.

He told police that Kane allegedly pulled out a bag of heroin and the two snorted lines in the living room. Guzman said that Kane allegedly gave a small amount of heroin to Wamser before leaving.

Later that night, Guzman said Wamser had gone to the bathroom and never returned. He eventually went in and found her bent over the toilet and 'nodded out' next to a syringe.

Kane told police he received a phone call from Guzman asking him for help. He said he told Guzman to put a cold towel on Wamser, unaware that she was overdosing.

Guzman, with the help of Kremer, rolled Wamser over onto her stomach, put a pillow under her head and went to bed. In the morning, Kremer told Guzman that Wamser was not breathing and her skin was cold to the touch.

Kane denied giving heroin to Wamser, telling police she may have stolen some off the table when he went to the bathroom. He said that Wamser told him that she used to mix drugs and Guzman allegedly told police that Wamser had taken pills in the past.

A Waukesha County medical examiner determined the cause of death to be heroin intoxication.

Kane could face up to 40 years in prison, $100,000 in fines, or both, if convicted and he is currently being held on a $20,000 cash bond.

Kane is next expected to appear in court on June 6.