Robert Filius, the dad who copped a plea in the fentanyl overdose death of his 11-month-old baby, is getting out of prison after serving less than a year of a 4.75-year sentence.
Scioto County Common Please Court Judge Howard Harcha ruled that Filius had served all mandatory prison time and was eligible for judicial release. The court sentenced the 32-year-old man to three years of probation.
Conditions of release include abstaining from alcohol or non-prescription drugs, successfully completing the treatment program at the Counseling Center, and following up with aftercare and assessment by the Scioto County Adult Probation Treatment.
The court says he also must pay court costs of $60 and probation fees of $40 a month.
The baby’s mother, Michaela Hupp, who was also convicted of the child’s death, was released last month.
Hupp and Robert Fillius were both charged in the death of the baby, which was one of the first cases investigated by the newly formed Scioto County Special Victim’s Unit.
While the task force waited for autopsy results, the couple’s older children were placed under the care of Scioto County Children Services.
When the results came back, the case was presented to a Scioto County Grand Jury last Friday. The indictment was kept secret to prevent the couple from fleeing from authorities. The plan was to arrest the pair when they came to visit their children at Children’s Services. However, Filius and Hupp were no-shows for the scheduled visit.
Cops eventually tracked them down to Huntington, West Virginia, and placed them into custody.
