Ogden man given 20 years in prison for supplying fentanyl that led to man's death

SALT LAKE CITY — A convicted drug dealer will spend 20 years in federal prison after pleading guilty to causing the death of a Utah man through fentanyl.

Spencer Massengale, 34, of Ogden, was charged in Utah's 2nd District Court in December 2022 with drug possession and intent to distribute.

Three months later, while that case was ongoing in court, a man was found dead on a couch at Massengale's residence on Feb. 22, 2023, charges state. The state medical examiner determined the victim's death was from drug intoxication and the effects of fentanyl.

He was sentenced in May 2023 to zero to 15 years in prison for the State charges from December, but the term was suspended and he instead was ordered to serve 60 days in jail and three years of probation.

After his release from jail, Massengale was indicted in federal court in connection with the February death. He was charged with possession of fentanyl with intent to distribute resulting in death.

He pleaded guilty to the charge in July and said he had used fentanyl while the victim was present at his residence.

"Despite knowing that (the victim) had previously overdosed on fentanyl in my home approximately two weeks earlier, I allowed him to come to my residence when he was extremely intoxicated on the early morning of Feb. 22, 2023," Massengale said in his plea statement.

Massengale said later that afternoon, when his roommate called him to tell him the man was unresponsive, "I instructed my roommate to refrain from calling 911 — which could have aided (the victim) — until I could get home," the plea statement said.

Massengale also asked the roommate to hide his fentanyl pills, he said in his plea.

"Neither Massengale nor the roommate called 911 or made any attempt to summon assistance for the unresponsive (victim) until Massengale returned to the residence and ensured that his fentanyl had been hidden," federal prosecutors said.

Massengale eventually called 911 and reported that the victim had "overdosed," court documents said.

"Even though (he) had ingested other substances, he would not have died but for the ingestion of the fentanyl that I possessed with the intent to distribute," Massengale said in his plea.

During a search of the residence, police recovered more than 300 fentanyl pills, court documents said. Police also located a video on Massengale's phone showing the victim suffering from the effects of a near-fatal overdose at his residence more than a week prior.

Prosecutors argued that Massengale should be detained pending trial, citing his criminal and drug use history, and his actions after the victim's death as proof Massengale is a "danger to the community."

"For reasons that are entirely unclear to the United States, Mr. Massengale does not appear to have ever served a jail or prison sentence of any significant length. Incredibly, and despite his many violations of court orders and probation conditions, it was not until 2017 that Mr. Massengale ever saw the inside of a prison," prosecutors said.

In a sentencing memorandum filed on Sept. 23, prosecutors said the family gave permission to identify the victim as Korey Daich, 32.

"Korey left behind a loving family who is still mourning his loss," prosecutors said.

Prosecutors said they do not suggest Massengale intended for Daich to die, but "there can be no doubt, however, that Mr. Massengale was well aware of the enormous danger fentanyl poses to any user. To have permitted Korey essentially unfettered access to illicit fentanyl was, in the United States' view, beyond reckless."

On Sept. 29, Senior U.S. District Court Judge Clark Waddoups sentenced Massengale to 20 years in prison, plus five years of probation and a $4,025 restitution order.

Prosecutors detailed a lengthy criminal history of drug possession and probation violations, and said he has struggled with opioid use disorder for many years and has overdosed "nearly fatally" at least three times.

"Despite his long-term opioid use disorder, Mr. Massengale appears not to have made any meaningful attempts at treatment," the sentencing memorandum states, adding that various interventions to modify his behavior "failed."

Because Massengale has "no proven track record of compliance," the only way to protect the public from him is incarceration for a significant period of time, prosecutors said.

As part of his plea agreement, prosecutors agreed to dismiss two separate pending state court cases where he was charged with possession of a controlled substance within a correctional facility, and distribution or arranging distribution of a controlled substance within a correctional facility.

"Mr. Massengale's long history of recidivism and the devastating consequences of his fentanyl distribution resulted in the worst possible outcome — the loss of another life," said U.S. Attorney Melissa Holyoak for the District of Utah. "No prison sentence can ever erase the pain and suffering endured by the victim's loved ones. However, by removing Mr. Massengale from our community, we hope they can begin the difficult process of healing."

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