A man who overdosed on pills and passed out in a McDonald’s drive through with his young son in the car pleaded guilty to the crime in Monongalia County Circuit Court on Tuesday.
Matthew Dulin was indicted for felony child neglect creating risk of injury by the May 2019 Monongalia County grand jury. The indictment alleged he took a “substantial amount” of hydrocodone and crashed into the McDonald’s building. Dulin pleaded guilty to that charge.
Judge Debra Scudiere did not immediately accept the 36-year-old’s plea as his plea agreement calls for an 18-month pretrial diversion.
During the pretrial diversion Dulin must stay employed, avoid breaking the law, work with his probation officer to determine if he needs to continue taking his prescription pain pills and complete 150 hours of community service, Assistant Prosecuting Attorney Keshia Tenorio said.
Dulin lives in Pennsylvania and will be allowed to ask that state for supervision during his diversion. If it declines, he will be required to be supervised by Monongalia County’s probation office.
If Dulin is successful in the pretrial diversion, he will be allowed to plea to the misdemeanor version of child neglect creating risk of injury, rather than the felony version.
Tenorio said if the case had gone to trial the state would have shown that on August 18, 2018, Dulin overdosed on hydrocodone while at the Pierpont Centre McDonald’s. At the time of the overdose, Dulin’s son, who under 5-years-old, was in the back seat. Dulin was taken to Ruby Memorial Hospital.
