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District Attorney

Posted on: January 7, 2020

'Unrepentant Career Criminal' Jailed up to 62 Years for Fentanyl Sales

KimBurgess

A Lancaster man will serve at least 23½ years in prison for fentanyl sales – including one that caused a Conestoga Township woman’s death in 2017.

Assistant District Attorney Barry Goldman said 39-year-old Kim Burgess is an “unrepentant career criminal” who was selling fentanyl for profit.

Burgess did not know the woman who died of the fentanyl-involved overdose on Oct. 5, 2017.

Lancaster County Judge Donald Totaro sentenced Burgess to 23½ to 62 years in prison.

Judge Totaro ordered the maximum 20-to-40-year sentence on a felony drug delivery resulting in death charge.

Burgess was convicted of that charge and three other felonies.

Judge Totaro said Burgess’ history illustrates a disrespect for the law and the court system.

On the street, Burgess boasted about the potency of his product, ADA Goldman said in court.

Burgess’ criminal history dates to 1997. He has 13 separate convictions and at least 14 parole/probation violations regarding those convictions.

There has not been a day in the past 20 years when Burgess was not under court supervision or incarcerated, ADA Goldman wrote in a sentencing memorandum.

Burgess was a “mercenary street level dealer,” said Goldman, who won the trial conviction in September.

Pennsylvania State Police filed charges.

In drug delivery resulting in death cases, prosecutors consider a defendant’s “dealer” status, their cooperation (or lack thereof) with police, and prior record.

MEDIA CONTACT: Brett A. Hambright, 717-295-2041; bhambright@co.lancaster.pa.us; Twitter: @BrettHambright

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