A McHenry County judge on Thursday found a Crystal Lake woman not guilty of the drug-induced homicide of her boyfriend in a case that highlighted the legal protections — or lack thereof — for people who seek help when a companion overdoes.

       Veronica Kubiak had been charged with delivering a fatal dose of heroin and fentanyl to her boyfriend in June 2019 after she allegedly drove him into Chicago to buy drugs, though she denied taking part in any transaction.

       The next morning, after finding her boyfriend unresponsive in her home, Kubiak gave him CPR and the overdose-reversing medication Narcan, according to a police report. After telling her family what was happening, her sister called 911, the report said.

       The man was pronounced dead at the scene, according to court documents.

       Kubiak’s attorney argued before the trial that because Kubiak tried to help, the state’s Good Samaritan law meant she shouldn’t have been charged at all.

       As originally written, the law protected people against possession charges if they called for help and police found drugs at the scene. Addiction recovery addicts said state’s attorneys were still finding ways to prosecute people, so the legislature expanded the law this year to provide immunity from drug-induced homicide as well.

       McHenry County prosecutors argued the law didn’t apply to Kubiak because she didn’t personally call 911 (though her attorney, Ernest Blomquist, said that was incorrect) and because it wasn’t in effect when her boyfriend died.

       Judge Michael Coppedge agreed with the latter argument and declined to dismiss the case, which went to a bench trial last week.

       Blomquist said while Kubiak used heroin with her boyfriend during the trip into the city, the substance that killed him was the synthetic opioid fentanyl. He said Kubiak had no idea the man had procured the drug.

       “The state couldn’t account for where (the fentanyl) came from, so she couldn’t be culpable,” he said.

       State’s Attorney Patrick Kenneally could not immediately be reached for comment.

       Kubiak did not respond to a request for comment, but Blomquist said she has gotten sober over the last two years, and that the not guilty verdict will allow her to get back into school and pursue job opportunities.

       As for whether the case will influence future drug-induced homicide prosecutions, Blomquist doubted it, given the scale of the overdose crisis in McHenry County.

       “(Police and prosecutors) are going to fight back as best they can, and the legislature is trying to chip away at it by fostering good Samaritan (exemptions),” he said. “Maybe they can meet in the middle and make it work.”

       jkeilman@chicagotribune.com

       Twitter @JohnKeilman

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