The second man charged in the 2017 overdose death of 26 year-old Clay Gorby pleaded guilty to a third-degree felony count of tampering with evidence Monday morning. 

According to Muskingum County Assistant Prosecuting Attorney John Litle, Gorby was using drugs with defendant Dominique Harris and Dutch Bess when he overdosed in the early morning hours of May 18. 

However, 911 wouldn’t be notified until it was too late. 

“Rather than getting him help, they just collected up all the evidence and fled and left him to die,” said Litle. 

Litle explained that Bess and Harris gathered any evidence that may have led to further prosecution on greater charges and placed it in a safe before driving across town to Harris’ house with the items. 

Harris would eventually call 911 just before 5 a.m. to report the overdose using another person’s identity. 

According to Litle, Harris also sent text messages to Gorby’s phone after he called 911 to make it appear that he was not present during the overdose and was just finding out about it. 

“So he was making fake evidence to try and make it seem like he wasn’t there,” said Litle. 

When emergency responders entered the house, Gorby was found in the shower with his hand cold to the touch, an indicator that he had been dead for some time before help arrived.

Both Harris, 24, and Bess, 30, were charged with tampering with evidence, a third-degree felony to which they both pleaded guilty. 

The pair await sentencing in Judge Mark Fleegle’s court.