A federal judge has rejected a proposed sentence he felt was insufficient for a San Rafael man charged with supplying fentanyl at a party attended by two people who suffered fatal drug overdoses.
The plea deal would have Lucas Michael Novick, 28, spend 27 months in prison consecutively to the four-year state prison sentence issued by a Marin County Superior Court judge for a San Rafael assault case.
“I don’t think 27 months is enough,” Judge James Donato said at the Aug. 11 hearing.
The defendant “is not a person who is respectful of other people or dedicated to not putting other people in the way of harm,” he said.
A federal grand jury indicted Novick on the charge of possession with intent to distribute and distribution of fentanyl in 2023. He pleaded guilty in March.
Donato set the next hearing for Sept. 22. Sentencing will take place if the guilty plea stands.
Prosecutors said that in August 2022, the defendant visited San Francisco’s Tenderloin District to purchase the synthetic opioid fentanyl along with other controlled substances such as cocaine, heroin and methamphetamine. He then distributed the drugs at a party in San Rafael.
The next day, the defendant called 911 about two overdose deaths. Both victims had attended the party and were at his then-residence on Cambridge Street in Novato. Officers responded and found the victims dead.
Novick told police that he performed CPR on the two men the previous night before he left. The defendant returned and found them dead.
Spencer King, 29, of Woodacre experienced acute intoxication from a combination of fentanyl, cocaine, and amphetamine. Gary Stewart, 68, of Rohnert Park had acute intoxication from a combination of fentanyl, cocaine and methamphetamine, the Marin County coroner’s office reported.
Officers searched the defendant and discovered 3.4 grams of fentanyl in his possession, federal prosecutors said.
Novato investigators arrested Novick four months after the deaths when they suspected he was connected to the fatalities.
In a memorandum filed with the court last month, Jodi Linker, a federal public defender, noted that her client was not charged with causing any person’s death. She alleged that both victims had their own drug sources that were separate from Novick.
Linker wrote that her client took responsibility for his drug distribution offense by pleading guilty.
“Mr. Novick recognizes that when he is under the influence of drugs, he makes terrible decisions and he needs to face consequences for those decisions,” she stated. “He takes responsibility for not getting a hold of his substance abuse sooner and being a part of these dangerous circumstances.”
Linker could not be reached for comment Monday.
Federal authorities noted in court documents that Novick has seven criminal convictions for cases that include burglaries, vandalism and illegal firearm possession.
Novick’s most recent conviction occurred at Marin County Superior Court in June. He pleaded guilty to assault with force likely to cause bodily injury.
San Rafael police arrested him in connection to a street stabbing incident that occurred in October near the corner of Andersen Drive and Lindaro Street. He was on pretrial release at the time.
Marin Judge Geoffrey Howard sentenced Novick to four years in state prison.
The Press Democrat contributed to this report.
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