By Shereen Siewert

A 23-year-old Wausau man convicted of delivering heroin to a man who was found unresponsive and nearly died twice in a two-day span will avoid a prison term, after a sentencing hearing Monday involving 11 criminal cases.

Shawn McFann, who faced charges of first-degree recklessly endangering safety in the overdose case, reached a plea deal this week and was sentenced to three years in prison, but allowed 1,309 days credit for time he spent in jail while awaiting trial. The reckless endangerment charge, the most serious of the crimes, was dismissed as part of a plea deal that saw McFann convicted of battery, obstruction and delivering heroin.

First-degree recklessly endangering safety charges are filed when a defendant is suspected of acting “under circumstances which show utter disregard for human life.”

Court records show McFann was on probation related to felony burglary charges at the time he allegedly provided the near-fatal dose of heroin to the man, who was discovered without a pulse but was revived with Narcan. The sentencing agreement in the burglary case was nixed after McFann committed new crimes, and on Monday Circuit Judge Suzanne O’Neill ordered a judgment of conviction on both charges.

In February 2019 rescue crews were called to a home in the 6300 block of Aspen Street in Weston for a report of an unresponsive man who had possibly overdosed. After two doses of Narcan, the man began to breathe on his own. Family members initially suspected the man was attempting suicide, but there was no evidence that the man injected himself with the drug.

Two days later, crews in Wausau were called to a Grand Avenue home where the same man was discovered unresponsive on the floor.

Later, in interviews, the man who overdosed told police he had been addicted to drugs and alcohol since he was a juvenile, and later became addicted to heroin after being prescribed Fentanyl for pain. Investigators traced the heroin to McFann, who allegedly cut the drug with Fentanyl.

In all, McFann faced more than three dozen criminal charges. Most were dismissed but read into the record at sentencing.

Judge O’Neill on Monday ordered convictions in five cases, with all sentences to run concurrently, or at the same time. That means McFann will spend three years on extended supervision, during which he is required to pay about $800 in restitution and undergo treatment and counseling.

If he fails to comply with the rules of his supervision, he could be sent to prison for a full three years. McFann, who was being housed in the Langlade County Jail, is no longer in custody.