Judge Robert Peeler ordered a presentence investigation of Dunham, particularly of his drug addiction, “before we take any additional steps.”
Both sides acknowledged McDonald had struggled for a decade with drug addiction.
Assistant Warren County Prosecutor Derek Faulkner said McDonald was in treatment to kick his habit.
“He was doing better,” Faulkner said during closing arguments.
Faulkner urged the jury to find Dunham guilty on both charges, pointing to text messages leading up to the time McDonald died from a fentanyl overdose, according to coroners.
Dunham knew others who had died from drug overdoses and should have recognized the risk for McDonald of providing “what he thought was heroin but was fentanyl,” Faulkner said.
“Glad it helped. Glad it did the job,” the last message said.
Dunham didn’t corrupt McDonald, an addict since 2009, and couldn’t have known McDonald would die from the overdose, lawyer Jeffrey Meadows told the jury.
Meadows attacked multiple aspects of the state’s case and pointed to a report indicating the case was only referred for prosecution after he didn’t help investigators find his drug dealer.
Testimony indicated Dunham and McDonald, who had known each other since 4th grade, did drugs together in Butler County. McDonald died later at his mother’s home in Warren County, putting the issue of venue - an element prosecutors needed to prove - in play.
“They’ve got to prove this case. We don’t have to prove anything,” Meadows said.
Faulkner theorized that the drugs Dunham and McDonald did together was a “tester” from what McDonald left with.
“Then Elijah wound up with enough to take his life,” Faulkner said.
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