Joplin man's lawyer: He was only going 90 miles per hour so he could throw away the fentanyl

When his client is about to be sentenced for trafficking fentanyl, a lawyer has to do anything he can to get the sentence reduced.

Consider the sentencing memorandum filed by the attorney for Cody Romines, 40, Joplin, today in U. S. District Court for the Western District of Missouri.

The attorney, Shane Cantin of Springfield, disputed the idea that Romines fled from law enforcement and endangered people before he was arrested on May 17, 2022.

According to reports written by the officers who observed these events, officers were following Cody’s vehicle traveling westbound on Interstate 44.

When they turned on their lights to attempt to stop him at approximately mile marker 32 Cody accelerated his vehicle to approximately 90 miles per hour. At mile marker 31.2 officers observed a package (later determined to contain the fentanyl) thrown out of the passenger side window. 

At mile marker 30.6 Cody pulled his vehicle to the side of the road and was taken into custody without incident or resistance. According to the officers' reports this entire incident, from mile marker 32 to mile marker 30.6, took only 1.4 miles. 

Assuming a speed of 75 miles per hour from turning on the patrol car lights to Cody stopping on the side of the road would have taken approximately 1 minute and 7 seconds. At 90 miles per hour this incident would have taken approximately 56 seconds. 

While Cody did accelerate to around 90 miles per hour and while that could be viewed as “flight” from law enforcement, it is not the kind of flight that one normally thinks of in relation to this Guideline enhancement. 

There is no indication that Cody swerved, passed vehicles, or otherwise attempted to take any evasive action to get away from the police behind him. What it appears to have been was a short acceleration to create distance between his vehicle and theirs so that he could throw away a package of fentanyl. 

When that was accomplished, Cody pulled to the side of the road and was arrested. If the Court determines that this enhancement is properly applied, counsel believes that the Court should recognize the relatively minor nature of the flight and should vary from the Guideline sentence accordingly.

Cantin also notes his client's addiction problems.

Cody has spent almost his entire adult life addicted to opioids, heroin, and fentanyl. This addiction ultimately resulted in a 2021 overdose that almost killed him and placed him in a 47-day hospitalization in a coma. His addiction was so serious that not even this near-death experience could deter him from his continued use of this drug.

Cantin suggests Romines receive a sentence of six years and three months.

Romines sentencing is scheduled for 11:30 a.m. April 4 in Springfield.