A Lane County judge ruled Thursday that former University of Oregon student Kevin Christopher Post was not responsible for a fellow UO student’s drug overdose in 2014.
Court documents show that during the sentencing hearing, the state alleged an aggravating factor: that “Mr. Post’s involvement in the delivery of substances, controlled or otherwise, resulted in the death of another human being.”
Lane County Circuit Judge Mustafa Kasubhai found that there was no proof that Post was responsible for Cody Bennett’s death. The defense argued that “[I]f the State could prove causation by Mr. Post in the death of Mr. Bennett, he would have been charged with a death crime,” according to a memorandum.
On Jan. 19, 2014, Post provided Bennett – a UO senior at the time – with Psilocyn mushrooms at Post’s off-campus apartment, court documents show. Bennett died later that night of a drug overdose.
In January 2016, two years after Bennett’s death, Post was charged with 4 counts of possessing and distributing a controlled substance.
With his jury trial set to begin last week, Post changed his plea to guilty for all charges. His sentencing hearing began Thursday.
Court documents allege that Bennett had consumed alcohol and cocaine before arriving at Post’s apartment on the night of his overdose.
Post was previously charged with DUI in 2013.
Another sentencing hearing will be held Oct. 25.