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Instead, McBeath pleaded guilty in front of U.S. District Judge Thomas Rose to one count of conspiracy with intent to distribute more than 100 grams of heroin and fentanyl. McBeath and Spiva were indicted on 12 counts.
“I have no questions,” McBeath said after a federal prosecutor read the statement of facts, later adding. “I accept responsibility and I plead guilty.”
McBeath is scheduled to be sentenced April 28. Rose, who found McBeath guilty, can accept or reject all portions of the plea and decide whether to sentence within the range of 10 to 18 years. Rose also ordered a pre-sentence investigation.
Spiva’s trial is still scheduled to begin Monday, according to federal prosecutors.
McBeath — who goes by aliases such as “Fat Boy” and “Biggin” — and Spiva — aka “B” and “Snake” — were accused of running a drug distribution operation that allegedly operated from June 2014 to May 2015 at Dayton properties on East Fifth Street, South Torrence Street and South Horton Street.
The case stems from the May 26, 2015 overdose deaths of Paul McElfresh, 33, and Jason Robinson, 38. Other people were alleged to have overdosed but survived in connection to the same "toe-tag" heroin mentioned by Montgomery County Coroner's Office officials.
In a Nov. 1, 2015 hearing, a Dayton police detective testified about the investigation of five overdoses and two deaths that happened Memorial Day weekend in 2015, according to court records.
Rose’s ruling said the detective’s investigation concluded that the five people who overdosed had purchased drugs from Spiva and/or McBeath and that all were revived after receiving nalaxone.
The case grew out of the Heroin Eradication Apprehension Team (HEAT) formed in May 2015 that includes Dayton police Chief Richard Biehl and Montgomery County Sheriff Phil Plummer.
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