Two years have passed since the overdose death of Clay Gorby, a 26 year-old Muskingum County man.

On Wednesday, one of two men who were with him that night was sentenced to community control. 

Dutch Bess, 30, was using drugs with Gorby and 24 year-old Dominique Harris when Gorby overdosed during the early morning hours of May 18, 2017.

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 Assistant Prosecuting Attorney John Litle. 

According to Litle, Bess and Harris gathered evidence from the area that could have potentially resulted in further prosecution on greater charges. 

The pair placed the items in a safe before driving across town with the evidence to Harris’ house.

Eventually, harris would call 911 just before 5 a.m. to report the overdose but used another person’s identity with dispatchers.

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

During Bess’ plea hearing in July, his defense attorney, Peter Scranton, told Judge Mark Fleegle that his client has since turned his life around. 

Scranton stated Bess completed drug court in New Lexington and is now clean and healthy.

“I would hate for this sentence to sidetrack him and set him back,” said Scranton.

Bess was spared a prison sentence Wednesday, but was ordered to pay $14,616.71 in restitution to cover Gorby’s funeral costs, Assistant Prosecuting Attorney Gerald Anderson said. 

Additional requirements of Bess’ three-year community control sentence included completing Men’s Intervention Group and performing 100 hours of public service.

Should Bess violated any of the terms and conditions of his community control, he will be sentenced to prison for 36 months.