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Alleged dealer faces trial
RANCHO CUCAMONGA - A reputed drug dealer has been charged with involuntary manslaughter for allegedly failing to summon medical help for his girlfriend, who died in his home from an overdose of cocaine and Ecstasy.
The case against Andrew Girvan is unusual because it generally is not illegal for
a person to refuse help to someone in need.
What may separate his case from others, however, is that three other people who were with him that night told police they tried to get help for 23-year-old Miranda Diane Daly as she turned blue and slipped away, but Girvan allegedly would not let them.
Prosecutors believe that twist will give them the traction they need to convict the Ontario man, even though they concede the legal precedent for such a prosecution is somewhat thin.
"This is not your typical homicide case," Deputy District Attorney Michael Dowd said. "This is definitely hitting some new types of legal issues."
Girvan's attorney, Deputy Public Defender Robert Von Schlichting, declined to comment last week.
Daly, of Corona, died Aug. 13 in a house in the 2500 block of Imperial Place in Ontario.
Prosecutors believe she got the drugs from Girvan, then fell unconscious after taking large amounts.
According to police reports, the woman may have been unconscious for more than seven hours as Girvan and several other people in the house played pool and got high.
Daly likely died around 5 a.m. Police were not called until nearly 14 hours later.
According to the reports, two men and a woman who had gone to the house that night to buy drugs told detectives they saw Daly unconscious and believed she needed medical help.
However, they claimed Girvan would not let them tend to her, call paramedics, or even drop her off at a hospital.
Instead, they said, Girvan made threatening comments toward them and walked around the house carrying an M-16 rifle, according to the reports.
"Three other people basically felt she was in trouble," Dowd said. "Two of them believed she was actually overdosing and could die. They wanted to help her, and he stopped them."
Girvan, 31, was initially arrested only on drug and weapons charges. He was not charged with manslaughter until earlier this month.
In California, citizens are under no legal obligation to help others in peril, with some exceptions for people who have specific obligations or duties to each other.
A parent, for example, is required to get aid for a sick child. A husband could be prosecuted for not helping an ailing wife, and a working lifeguard could not legally stand next to a pool and watch somebody drown.
Under the law, since Girvan had no special relationship with Daly, he would generally have had no obligation to render aid to her.
Daly's mother, Debbe Case, said prosecutors told her early in the investigation that they may not be able to charge Girvan with homicide.
That prospect outraged Daly's friends and family, who launched a campaign of letters and telephone calls to get the District Attorney's Office to put more effort into the investigation.
"Why would you not just allow somebody else to take her to the hospital and let her get the help she needed?" Case asked. "To me, it was just malicious."
Case said the campaign worked.
Chief Deputy District Attorney John Kochis, who runs the Rancho Cucamonga branch of the District Attorney's Office, met with the family and promised a deeper review of the evidence, Case said.
Dowd said he got the assignment to research the facts and relevant law, and spent several months doing so. He said he found past cases with some similarities that resulted in convictions on manslaughter charges.
Prosecutors borrowed the theories of those cases to bring charges against Girvan.
They now say since he likely provided Daly with the drugs, and because he stopped other people in the house from tending to her, he assumed the legal responsibility to care for her when she fell ill.
"By preventing somebody else from helping, you now have assumed the duty that you will help," Dowd said.
In 1989, an appellate court in Northern California upheld the involuntary-manslaughter conviction of a woman who brought a drunken man home from a bar and allowed him to shoot heroin in her bathroom.
The man overdosed, and the woman dragged him outside and left him behind her shed, where he died.
The court found that by removing the man from the bar, where others might have taken care to prevent him from harming himself, the woman became responsible for his well-being.
While the facts are somewhat different, the legal theories behind the two cases are the same, Dowd said.
Case had hoped prosecutors would charge Girvan with murder. While the manslaughter charge is much less severe, she said she is satisfied that prosecutors are at least trying to hold Girvan responsible for her daughter's death.
"I believe there should be some justice for her," Case said. "She lived a good life."
Colorado
Colo. Man Faces Murder Charges in
Teen's Drug Death
February 12, 2004
News Summary
A Colorado man was charged with first-degree murder for giving a teen anti-psychotic pills that led to his death, the Denver Post reported Feb. 5.
According to authorities, James Steven Keith McDow, 25, of Adams County supplied Oswald "Ozzie" Atkins, 15, with a lethal amount of Zyprexa, an anti-psychotic drug used to treat schizophrenia, so he could get high.
Adams County prosecutors said McDow was charged with murder because he knew the drugs were dangerous. One month earlier, McDow gave the same drug to Atkins and the teen ended up in a hospital in a coma.
The case is believed to be the first in the state where a drug supplier or dealer was charged with first-degree murder.
McDow was also charged with reckless child abuse resulting in death, seven counts of contributing to the delinquency of a minor, and selling a controlled substance to an undercover officer.
McDow could face the death penalty if convicted on the murder charge.
Man Who Sold Ecstasy Charged With Murder
In Teen's Overdose Death
Created: 11/14/2007 10:38:39 AM
Last updated: 11/14/2007 11:06:13 AM
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Christopher Rodriguez, a 22-year-old man from
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Police said Rodriguez, a
Rodriguez admitted to dealing ecstasy to the 15-year-old and her three
friends for $14 a pill, according to police.
The group of teens then drove to
The victim's friends then brought her to a nearby Walgreens, purchased
strawberry milk, and made her drink it.
That did not make her feel better, police said.
At that point, the teen vomited, her face turned pale and her lips
turned blue.
By the time she was taken to
Five days later, she was removed from life-support, and Rodriguez was
charged with first-degree murder.
"The crime may be selling of narcotics to a 15-year-old, and it results
in a death," said criminal defense attorney Yery Marrero. "However, I do
think it's very unusual for them to take that step in a case like this."
Authorities have not identified the 15-year-old girl.
Police said that the girl's friends were afraid of getting in trouble,
so they told hospital workers when they dropped her off that they had no
idea who she was and that they had found her lying on the beach.
They have since cooperated with police and provided police with
Rodriguez's cell phone number.
Rodriguez is being held at the
A Lisle man who admitted giving a neighbor enough of a
homemade illegal drug "to kill a rhino" was sentenced Tuesday to 20
years in prison for causing her death.
Albert Oldenburg, 41, of the 2600 block of Beau Bien Boulevard, pleaded
guilty Tuesday to the Aug. 27, 2006, drug-induced homicide of Crystal
Coble, 29, who lived across the hall from Oldenburg.
DuPage County Assistant State's Atty. Paul Marchese told Judge George
Bakalis that Oldenburg's apartment contained chemical equipment and
detailed handwritten instructions on how to produce fentanyl from pain
patches generally used by people suffering from critical diseases.
Witnesses who were with Oldenburg when he gave Coble the drug said he
admitted giving her "enough to kill a rhino." A DuPage County coroner's
report stated that Coble had a level of fentanyl far beyond the
therapeutic range. She also had a non-lethal dose of cocaine in her
system.
Lisle police reports state that when Coble was found unresponsive on her
couch, she had her cell phone in her hand and had dialed Oldenburg's
number. A police investigation failed to locate the drug in the
apartment, leading authorities to believe Coble ingested all of it.
Witnesses stated that before Oldenburg gave Coble the drug, she told him
she had a bad reaction to it the previous day.
During a secretly recorded conversation made during the investigation,
Oldenburg admitted giving Coble the drug "because she was a pest,"
Marchese said.
Oldenburg also admitted on videotape before his November arrest that he
made the drug and gave it to the victim.
"You obviously are a very smart person," Bakalis said. "You could have
put it to much better use. You cost this woman her life."
Police also found chemicals that could have been used to manufacture
methamphetamine, but Marchese said the apartment wasn't an active meth
lab. Criminal charges relating to those chemicals were dropped Tuesday
as part of a plea agreement.
Oldenburg faced up to 30 years in prison.
Kane
man to stand trial for overdose homicide
By David Gialanella Staff Writer
July 7, 2007
An Elburn man who authorities say
left his friend for dead after a narcotics overdose last year is
expected to stand trial Monday in Kane County Court.
Clinton S. Eash, 31, of the 41W800 block of Campton Hills Drive, and
codefendant Joseph M. Estok, 29, of the 1600 block of Forrest Boulevard,
St. Charles, each are charged with one count of drug-induced homicide
and one count of involuntary manslaughter.
The two men are the first in Kane County to be charged with drug-induced
homicide. Estok will be tried separately at a later date.
Prosecutors allege Eash and Estok facilitated the heroin and cocaine
binge that left 27-year-old Matthew Thies of St. Charles dead, and
neglected to seek medical attention for Thies when he showed signs of an
overdose.
According to authorities, Thies, Eash and Estok drove to Chicago to buy
drugs on June 15, 2006, after attending the funeral for Estok's mother.
The three began taking the heroin and cocaine on the drive back, and
continued using at a home in St. Charles, authorities said. When Thies
became ill and unresponsive, Eash and Estok made several futile attempts
to revive him, then took him to a nearby park and left him on a bench,
thinking that he would eventually wake up and find his own way home, the
state's attorney's office said.
The next day, three young girls discovered him deceased on the bench --
which was near a school playground -- sitting mostly upright and still
in the clothes he wore to Estok's mother's funeral the day before.
Eash faces 15 to 30 years in prison if convicted of the charge.
The state law on drug-induced homicide is broad enough to implicate any
drug dealer in an overdose death. The law has been criticized because it
not only covers dealers and traffickers, but any user who may provide
drugs to another user, even if they are taking the drugs together.
Kane County State's Attorney John Barsanti said previously that he is
concerned that the statute provides a disincentive for drug users to
seek medical aid for Overdose victims. Some have suggested that the law
should be amended for those who elect to seek help for such a victim.
Murder by drug dealing charge reviving
Prosecutors turn to little-known law
Tuesday, December 27, 2005
By Meghan Gordon St.
Tammany bureau
When a jury determined earlier
this year that Jake Johnson had been murdered, it had seen no weapon.
Prosecutors didn't even try to establish intent, and they conceded the
victim played a key role in his own death.
Yet the second-degree murder conviction brought the killer the same
mandatory life-without-parole sentence handed out routinely to shooters
and stabbers. All prosecutors had to establish was that defendant Jeanie
Hano, 42, had sold methadone to the 16-year-old victim and that the same
pills contributed to his death by overdose.
The conviction in Covington came 18 years after then-state Sen. William
Jefferson tacked on a little-noticed amendment to the state's
second-degree murder statute, creating a new category of murderer:
dealers who peddle deadly drugs.
The obscure statute had been all but ignored by law enforcement before
Johnson's death, which resulted in the only known conviction under the
statute. But a Kenner woman booked last week in the overdose death of
her twin sister joins the recently growing list of defendants arrested
under the murder-by-drug-dealing law.
With two similar cases awaiting trial in St. Tammany Parish, and Baton
Rouge prosecutors securing two lesser convictions in another
overdose-as-murder case, police and lawyers have in the past year given
the statute the most attention it has received since it was enacted in
1987. Nevertheless, those who investigate these deaths and lawyers who
defend the accused dealers predict that prosecutions under the law will
never represent more than a sliver of the state's fatal overdoses.
Police predict convictions will remain low. They say it's often
extremely difficult to prove the connection between an overdose victim,
the drug that killed him and the person who sold or gave him the
substance.
But defense lawyers contend potential juries are responsible for the
law's limited exposure in Louisiana courts. They predict jurors are less
likely to hand down a murder conviction for an illegal drug sale than
they would for a cold-blooded killing.
Take the case of Shannon Morvant, 19, a Nicholls State University
student who was found dead in a friend's car Dec. 19, 2004, after a
night of partying.
Lafourche Parish sheriff's investigators alleged that Hardy Ledet, 19,
had likely passed out quadruple-strength Xanax pills at the party, and
they geared up for an arrest under the second-degree murder statute.
They interviewed more than 50 people and awaited a coroner's report to
make the law's required link between a seller and the drug determined to
be the cause of death.
"We literally uncovered every conceivable stone that existed," Sheriff
Craig Webre said.
Unable to use charge
Yet the toxicology report revealed fatal levels of Clozapine, a powerful
treatment for schizophrenia and a drug not found in the state's list of
controlled dangerous substances. Unable to bring the murder charge
against Ledet, prosecutors could do little more than have his three-year
probation from a previous drug charge revoked.
"This is the real tragedy, beyond the loss of Shannon Morvant, is that
Hardy Ledet in my estimation should be spending the rest of his life
incarcerated," Webre said. "He was offering drugs to anyone and
everyone, and providing them chemicals that were being misrepresented
and having an indifferent attitude about it."
Beyond the difficulty of investigating murder-by-drug-dealing, the cases
face challenges once they enter a courtroom, especially when the line
blurs between the overdose victim and the alleged perpetrator.
In February, Baton Rouge prosecutors brought Heather Smith, 26, to trial
on second-degree murder charges in the Aug. 25, 2001, death of her best
friend, Marsha Fisher, 32. Both women wanted to purchase Ecstasy, but
Fisher couldn't cash her paycheck that night. Randall Corbett, 34,
Fisher's boyfriend, cashed his own check and gave Smith $255 to buy 15
tablets, according to court records. Hours later, he found Fisher dead
in her bedroom.
Prosecutor Darwin Miller said Smith's actions to buy the drugs, then
deliver them to Fisher's apartment, fit the murder statute. He said
Corbett's actions of distributing some of the pills to Fisher also
amounted to homicide.
When jury selection began in Smith's case, potential jurors struggled
with the law that turned a consensual night of drug use into murder.
"You should have heard one of the ladies on the jury," said defense
attorney Francis "Bo" Rougeou. "She says, 'You mean to tell me this lady
took these drugs on her own?' Yes. 'Nobody forced them down her throat?'
No. 'And she died?' Yes. 'So why are we here?' "
The woman ended up on the jury. But Rougeou never learned how the panel
would have decided the case. Smith took a 10-year plea deal midway
through the trial. "She said, 'I could do this much time, but I can't do
life,' " Rougeou said.
At Corbett's trial in October, jurors convicted him of the lesser
charges of negligent homicide and possession with intent to deliver
Ecstasy. A judge sentenced him to five years in prison.
Miller conceded that the biggest challenge to prosecuting
murder-by-drug-dealing is jury nullification, when jurors don't follow
the law because they disagree with it.
"The victim in my case actively desired to take the drug that ultimately
caused her death," Miller said. "She wanted it. She wanted to buy it.
She just couldn't cash a check. . . . This isn't a situation where the
victim didn't know she was being drugged."
A matter of perspective
Eric Sterling, founder of the Criminal Justice Policy Foundation, said
the quandary jurors grapple with in these cases is the result of state
and federal legislators racing in the 1980s to elevate drug crimes to
the status of violent crimes. He said that from a criminal justice
perspective, most drug sales that result in overdoses don't compare to
cold-blooded killings.
"Is the seller at fault for selling something that the buyer knows is
risky to ingest?" Sterling said. "They have to take the action of
seeking it out and buying it and ingesting it."
What sets the sole conviction in St. Tammany apart from the scant other
overdose deaths prosecuted under Louisiana's murder statute is Jake
Johnson's age, 16.
Chad Falgout, 37, whom police said initiated the methadone sale to the
teen, accepted a plea bargain in September to avoid following his former
girlfriend, Hano, to prison for life. A judge sentenced him to 15 years
for manslaughter, which First Assistant District Attorney Houston Gascon
said his office accepted, given the greater difficulty connecting
Falgout to the methadone that plunged Johnson into a coma from which he
never recovered.
Sterling said that, as in other murder cases, the victim's identity
plays a powerful role in what charges are brought and what sentences are
sought.
"Overdose deaths are often not sympathetic cases to bring, because very
often the victims are longtime drug users who are looked down upon by
police and prosecutors," Sterling said. "But teenagers taking pills,
dying in the flower of their youth, are much more sympathetic."
With both prosecutions in the Fisher death concluded, even Miller
conceded that the Baton Rouge case had a finer moral line than Johnson's
methadone overdose.
"You certainly have a profiteer in that case," Miller said. "You've got
somebody who's acting on greed, who's taking advantage of someone who
has a weakness . . . making a poor decision."
Twin faces charge
But when Jefferson Parish jurors consider the Kenner murder case,
they'll have to grapple with perhaps the toughest decision of all when
sorting out sympathy for the victim or the defendant.
Kenner police said Rebecca A. Doussan, 26, violated the
murder-by-drug-dealing law on Dec. 6, 2004, after injecting cocaine with
her twin, Rachel Smith. Police said Doussan sought out more cocaine from
a drug supplier the same night, gave the drugs to her sister and left
her in an apartment alone. The next morning, Doussan found Smith dead,
submerged in a bathtub behind a locked bathroom door.
Police also issued an arrest warrant for Joseph Michael Bruno II, 42,
alleged to be the cocaine supplier, who faces second-degree murder
charges.
To Jessica Dabdoub, 30, the victim and defendant are equals: both
sisters taken out of her life. Unlike most families of violent crime
victims, Dabdoub's relatives have no plans to support prosecutors'
efforts.
"Even if it wasn't my sister, she chose what she did," Dabdoub said of
her deceased younger sister. "None of us blame Rebecca."
BANGOR (Jan 9): The U.S. District Court in Bangor has set a jury trial date for Rochelle Kenney for Tuesday, Feb. 5.
Kenney, 49, of Rockland was arrested Sept. 24 by U.S. marshals on charges stemming from a federal indictment on felony charges that she furnished drugs to a man who subsequently died of an overdose.
According to court documents, attorneys have until Jan. 22 to notify the court they are ready for trial or if any other resolutions have been reached.
Kenney is charged with health-care fraud (resulting in death) and distribution of methadone (death resulting), both Class A felonies, as well as distribution of diazepam, a Class E felony.
According to the court document filed at U.S. District Court in Bangor, Kenney is accused of fraudulently procuring doses of methadone, clonazepam and diazepam from both Discovery House (first operating in Winslow and then in Waterville) and certain licensed pharmacies, for which those supplying the drugs to Kenney sought MaineCare funds for reimbursement.
Between December 2003 and December 2006, the court documents allege, Kenney was involved in a scheme "to obtain controlled substances … from Discovery House and from certain licensed pharmacies, and to cause MaineCare to make payments for said controlled substances, when the defendant knew that at least a portion of the controlled substances were not medically necessary because she intended to, and did in fact, illegally distribute at least a portion of said controlled substances to others."
The indictment also alleges that Kenney made "material false statements and omissions to personnel at Discovery House clinics in connection with her receipt of take-home doses of methadone."
Kenney is also accused of selling, giving away, trading or otherwise distributing methadone to others, including, but not limited to, John Kenney, her brother.
John Kenney, 43, was found dead on a Matinicus doorstep in April 2005. The investigation into his death concluded that he died of "acute methadone and diazepam toxicity," according to the Maine Medical Examiner's Office.
In an affidavit filed in Sixth District Court in Rockland in December 2005, following Rochelle Kenney's arrest in Knox County on a charge of felony aggravated furnishing of scheduled drugs, Rochelle and John Kenney are said to have traveled to Discovery House in Waterville, where Rochelle procured take-home doses of liquid methadone, which she shared with John.
This allegedly occurred on the morning of April 26, 2005; the affidavit, by then-detective Donna Dennison, now Knox County sheriff, states that John Kenney ingested some of the clinic methadone prior to leaving later that day for Matinicus.
The aggravated furnishing of methadone charge was dismissed June 28, 2006, by Justice Donald Marden. No reason for the dismissal is provided in the court document.
According to the federal court document, and as part of the alleged scheme, Rochelle Kenney failed to report to Discovery House that she had given, sold or otherwise distributed a portion of the take-home dose of methadone she received on April 26 to her brother John Kenney and her sister Julie Kenney.
The court documents also allege that Rochelle Kenney made material false statements and omissions to her primary care physician and various licensed pharmacies, among others, in connection with her obtaining and filling prescriptions for clonazepam and diazepam.
The alleged scheme executed by Rochelle Kenney is also alleged to have resulted in the death of her brother John, enhancing the penalty if she is found guilty.
Following her arrest last September, Kenney pleaded not guilty and was released on $5,000 unsecured bond with several bail conditions.
By
CRAIG McCOOL
Record-Eagle staff writer
Man Charged With Murder In Overdose Death
(© 2006 The Associated Press. All Rights Reserved. This material may not be published,
broadcast, rewritten, or redistributed.)
Suspect May Face Murder Charges in
Overdose Deaths
By Ed Pruneau, Missourian Managing Editor
11/06/2007
A man arrested last week in a drug
trafficking case may face murder charges in connection with the deaths
of a 16-year-old Pacific girl and two men, authorities said.
The man is suspected of supplying possible tainted heroin to all three
people who died from apparent drug overdoses over the last year.
Detective Sgt. Jason Grellner, commander of the Franklin County
Narcotics Enforcement Unit (FCNEU), said investigators plan to seek
felony murder charges against Michael S. Ellison, 22, in connection with
the deaths.
Under Missouri law, if a person commits a crime and someone dies as a
result, the suspect may be charged with murder. Pacific Police Chief Jim
Brune said he's very pleased with the investigation and arrest of
Ellison.
"This arrest will hopefully stem the flow of tainted heroin into
Franklin County," Brune said.
FCNEU officers along with members of the Jefferson County Drug Task
Force arrested Ellison Friday, Nov. 2, at his apartment in High Ridge.
The arrest stemmed from the September 2006 search of a Pacific home
where Ellison had been staying. Ellison is being held in the county jail
on a $150,000 cash-only bond.
Grellner said Ellison, formerly of Pacific, has been under investigation
for suspected heroin trafficking for the last 18 months.
During an investigation of the girl's apparent overdose death at a
Pacific home Oct. 20, FCNEU officers working with Pacific police
interviewed "numerous witnesses and tracked multiple leads" in an effort
to find the source of the heroin, Grellner said.
The trail led to Ellison, according to Grellner, who is suspected of
supplying heroin used by the girl.
Ellison also has been linked to the death of Carl Zerna III, 19, Villa
Ridge, in September 2006, and the May 2007 death of Billy Rippee Jr. 23,
Labadie, according to Grellner.
"Investigators continue to investigate all three deaths and hope to
present cases for felony murder in the future," Grellner said.
Brune said the suspect had been under investigation for a long time. "It
all started breaking loose last Thursday and Friday," the chief
remarked.
"I'm sorry there had to be additional victims but sometimes it takes
awhile to connect all the dots," Brune said.
Beginning in 2006, the entire St. Louis area, including eastern Franklin
County, experienced a spike in heroin overdoses and in many of those
cases, investigators suspected that the drug Fentanyl, synthetic
morphine, was involved, either mixed in with heroin or other drugs. It
is said to be about 80 times more potent than morphine.
In August 2006, Franklin County authorities reported more than 15 drug
overdose cases including one that resulted in the death of a 41-year-old
Labadie area man.
Brune said while authorities suspect a heroin overdose, they still don't
know the exact cause of the girl's death because results of toxicology
tests won't be completed for six to eight weeks. He declined to release
the juvenile girl's name.
Sheriff Gary Toelke said the cases point up the danger of illegal drug
use, and how users don't know what they are buying off the street. "This
stuff is extremely dangerous," he said.
"It's a shame people feel they have to use this stuff," Toelke remarked.
"The people who sell it need to be held responsible."
Anthony
Guastella, 21, a laborer, was arrested at his home Thursday at 10:32
p.m. on suspicion of felony second-degree murder and sale of a
controlled substance.
According to the criminal complaint filed in Carson
City Justice Court, Guastella allegedly sold eight 10 mg tablets of
methadone for $80 to Steven Xavier, 21.
On Feb. 14 at about 1 p.m. Xavier was found
unresponsive by his mother in his Silver Oak apartment.
Sheriff's records indicated Xavier never regained
consciousness and died at Carson Tahoe Regional Medical Center on March
2.
A roommate told investigators he had last seen
Xavier at 10 p.m. the previous evening, and Xavier had told him he'd
taken all eight pills. The roommate also said he was there when Xavier
allegedly asked Guastella to get him the pills.
According to the police report, Guastella told
investigators he and Xavier were good friends and he had on several
occasions ignored Xavier's requests for pills, but he eventually agreed
to get the pills.
Xavier allegedly drove to Reno and purchased the
pills from Jennifer Ott for $80, then returned to Carson City and sold
them to Xavier on Feb. 13, the report states.
Based on the investigation, the case was forwarded
to the Carson City District Attorney's Office for review, and a warrant
for Guastella's arrest was issued Thursday.
On March 29, after an undercover purchase of drugs,
Jennifer Ott, also known as Jennifer Stoltz, was arrested by the Washoe
County Sheriff's Department on suspicion of felony sale of controlled
substance and possession of a dangerous drug without a prescription,
according to Washoe County Sheriff's Deputy Keast Brooke. Ott was
released on her own recognizance.
Unrelated to Xavier's death, Ott was again arrested
on April 24 by the Sparks Police Department on suspicion of drunken
driving, sale of a controlled
October 27, 2008
HERKIMER, N.Y.
State police are charging a 31-year-old man with criminal
sale of a controlled substance for selling prescription
painkillers to a woman who later died of an overdose.
James Judson is being held without bail in the Herkimer
County jail. Judson was in jail in Florida on unrelated
charges when he was indicted by a Herkimer County grand jury
in connection with the death of 28-year-old Lea Bazinet.
An autopsy showed Bazinet died Aug. 8, 2007 from an overdose
of Oxycodone mixed with alcohol.
Troopers say Bazinet bought the painkillers from Judson. He
is due back in court when he has a lawyer.
Thursday,
February 02, 2006 | 6:26 AM
(01/25/06 -
The 15-year-old suspect in the drug
overdose death of a teenage girl faces new charges.
The suspect, a tenth-grader at
The suspect, whose name is not
being released because of his age, faces new charges. Police say he
was smoking a joint with another teen in a car outside
Deb Newton, the boy's attorney,
portrayed him as a good friend who held Hicks' hand until help
arrived. She asked a judge to release the suspect from the juvenile
detention center.
"[The suspect's ] father is a single parent," she
said. "They're trying their best to support him and stay together
and support him and support each other. They're not holding together
very well. It's a very emotional situation. They're very close to
the victim's family."
Prosecutors countered, saying the
teenager told another friend, "I'm not going to jail again," when
Hicks overdosed. They say the suspect has had drug problems since
the eighth grade and officers found marijuana stems and a homemade
bong in his home trash last week. Police also found drugs,
paraphernalia and scales in his house.
The judge sided with prosecutors,
ordering the suspect to stay behind bars.
"It's a very serious case, and
people need to understand that this is a charge that you could be
charged with," said prosecutor Melanie Shekida.
Prosecutors would like to charge
the boy as an adult, but that decision will not be made for at least
two more weeks. Overdose brings drug problem to forefront The case
brings the use of drugs to the forefront for many parents who
thought their children were protected.
When we asked students at
Amilca O'Conner admitted it's not
that hard.
"It's weed, plenty of drugs
around," she said. "It's like so much drugs, but you just got to
know not to take them because you don't know what someone can lace
drugs with."
According to SouthLight, a
Those students were referred to
SouthLight. Dr. Tad Clodfelter says kids are starting younger and
using more addicting drugs.
"
Heroin's scourge getting worse here
Three old buddies met in Westerville to reminisce, play video games and, as was their habit, do drugs.
Anthony Moore and Chadwick Foster shared cocaine with James Baisden, who was visiting from West Virginia, Westerville police say. Later in the evening, Moore and Foster broke out black-tar heroin.
Shooting up was the last thing they did together.
The three crashed, but Baisden never woke up.
Moore and Foster now are charged with providing the heroin that killed their friend on Sept. 2. Baisden, 28, was the father of three young children.
His death is among 28 from a heroin overdose in Franklin County this year, the coroner said. That's more heroin deaths than in the previous three years combined.
"This is an epidemic problem. The amounts we're seeing -- we're talking central Ohio -- is not normal," said Tony Marotta, resident agent in charge of Ohio for the U.S. Drug Enforcement Administration. "It doesn't make sense for the doorstep of middle America."
Heroin from Mexico, plied by Mexican dealers, is turning up all over central Ohio. Experts say the potency of black-tar heroin, named for its appearance, almost matches the purity of heroin from the Middle East and that the stronger heroin is leading to more deaths.
The influx of heroin parallels the growing Latino population in Ohio.
"They're bringing with them black-tar heroin," said Michael Sanders, spokesman for the DEA's national headquarters.
Heroin use goes through cycles, said Columbus
Police Sgt. Bill Mingus. "It's never been a bigger problem than it
is now."
Although heroin has been surging in central Ohio, it still is not as common as cocaine or marijuana, police say. But the recent rash of overdose deaths has police concerned.
Officers aren't seeing the stereotypical images of heroin dealers' hanging out in inner-city back alleys while users cruise for a score, shooting up in flop houses or "needle parks."
These days, deals are arranged by cell phone and completed in the parking lots of suburban shopping centers, preferably ones that offer quick access to an interstate.
Assistant U.S. Attorney Tim Prichard said dealers fill and deliver drug orders with such ease you would think it was pizza.
One deal happened in September outside the Old Navy store at 1852 Hilliard-Rome Rd. in Columbus, near Hilliard, federal court documents say. Busy shoppers apparently weren't aware that 70 balloons packed with heroin, roughly $1,400 worth, had just been sold.
In Dublin, dealers and users regularly met at the Kroger parking lot off Muirfield Drive during the summer of 2006. "That was a real eye-opener for us," Marotta said.
The day before James Baisden died of an overdose this fall, he asked his mother for $100. He told her it was for a car payment.
Baisden had struggled with cocaine for years, but in the months before he died he seemed to be doing better, said his mother, Cathy Quinn. He had a car-sales job in West Virginia for six months. He had come back to Columbus to visit his children -- ages 4, 6 and 8 years -- and their mother.
Westerville police think that the two friends who were with Baisden on Sept. 2 had a role in his death. Foster, 32, and Moore, 28, were each charged last month with felony counts of reckless homicide and corrupting another with drugs.
Baisden hadn't used heroin in the weeks before his death. He wouldn't have known about its potency and danger, said Westerville police detective Eric Joering.
But Moore and Chadwick knew what was being sold in Columbus. They had purchased the potent, black-tar heroin from Mexican men through a cell-phone deal, Joering said.
Often, overdose deaths such as Baisden's are ruled accidental, with no one held responsible, simply because it is unclear who provided the drugs.
"If we can show where they obtained the narcotics from, we'll go after that every time," Joering said of prosecuting the people who were doing drugs with the person who overdosed.
In August, Jose Manuel Cazares Contreras and Victor Delgadillo Parra, both of whom entered the country illegally from Mexico, were charged on federal counts of manslaughter. They are accused of providing the heroin that killed Arthur Eisel IV in Grove City. It was the first time federal laws were used in Ohio to go after dealers for deaths their drugs caused.
Eisel had tried to get off heroin and recently had completed rehab. He was visiting his mother and stepfather's house when he shot up for the last time. His brother found him slumped over the bathtub with a syringe nearby.
Contreras, Parra and many other people whom federal agents have arrested are from Tepic, Mexico, a city of 300,000 people north of Puerto Vallarta.
Some dealers immigrate to central Ohio from Mexico because they know they can make a living selling heroin. Emmanuel Arturo Aguayo Hernandez and Louis Perez Puentes paid a smuggler to help them cross the border, the DEA says. They moved into a Far East Side apartment and sold about $1,200 in heroin a day, according to authorities.
Over on the West Side near Hilliard, federal agents seized $34,170 in cash when they raided the 5577 Millwheel Court apartment. The three people they arrested there admitted that the cash was payment for black-tar heroin.
"It can occur anywhere in the city. It rarely occurs in the same location," said Lt. Jeffrey Lawless of the Grove City Police Department.
Sgt. Jeff Pearson, a detective who has been on the Grove City force since 1983, said he never saw heroin until a few years ago. Now, he sees too much.
Grove City police made 24 heroin-trafficking arrests this year after only one last year. They have had 36 heroin-possession cases compared with three in 2006.
COLUMBUS, Ohio When James Baisden died September 2,
police considered his death suspicious. Yesterday, police arrested his
two friends and now consider them his killers, NBC 4’sTacoma
Newsome reported.
Chad Foster, 32, and Anthony Moore, 28, appeared in court today for the
first time. Both men are being charged with reckless homicide and
corrupting another with drugs after a two-month investigation by
Westerville Police.
Both Foster and Moore evoked their right not to speak. The judge ordered
the men to remain jailed on $100,000 bond and not reach out to their
former friend’s family.
Foster and Moore are due back in court December 1, according to Newsome.
Stay tuned to NBC 4 and refresh nbc4i.com for more information.
A man suspected of providing "cheese" heroin to
a 15-year-old
Dallas Police Deputy Chief Jesse Reyes said detectives investigating
the March 31 death of
The
Chief Reyes said investigators interviewed Mr. Vanegas and several
other people connected with the case.
"We do have a statement from him that allowed us to be able to
proceed with a murder charge," Chief Reyes said.
If convicted, Mr. Vanegas could face five to 99 years in prison.
Police records show that Fernando's 16-year-old sister Bianca picked
the freshman up from his Oak Cliff home and took him to Mr. Vanegas'
house in the 10400 block of
Mr. Vanegas is accused of providing the heroin to Fernando and
showing him how to use it.
Utah
|
Drug Overdose Leads to Murder Charge
|
|
Friday January 26, 2007
8:45pm Reporter:
Noreen
Co.,
VA - A drug overdose of a Brookneal man has led to a murder
charge in |
Two accused of causing
friend's overdose death
Published:
Saturday, December 22, 2007
By
Jim Haley, Herald Writer
Two friends of an Everett woman
who died of an overdose of a dangerous drug were charged Friday with
controlled substance homicide.
The two friends allegedly supplied GHB to Kyla Helvey, 21, of Everett,
on Sept. 11. Helvey passed out and her friends didn't immediately call
for medical aid.
GHB, which stands for gamma-hydroxybutyric acid, is sometimes used at
rave parties, by body builders and as a version of a date-rape drug.
The friends, Brooke E. James, 20, of Marysville, and Mallori Carmin
Smith, 23, of Lake Stevens, are expected to be arraigned early next
month.
The Snohomish County medical examiner's office said Helvey died from
acute intoxication: a combined effect of GHB and alcohol consumption,
deputy prosecutor Mara Rozzano said.
The victim had three times as much GHB in her system as would have put
her into a deep-sleep coma, Rozzano said.
According to charging papers, the three women got together to soak in a
hot tub and have some drinks. Smith started talking about GHB and said
someone left the drug at her place in a water bottle after a party,
charging papers said.
Both defendants told Helvey about the dangers of the drug and warned her
not to take too much, papers said. Smith and James put small amounts
into their drinks. Helvey drank straight from the water bottle
containing GHB, according to documents.
When Helvey passed out, the other two tried to rouse her but couldn't.
They got some blankets and pillows for her, and let her sleep, snoring
"real loud," documents said.
Helvey was dead by morning.
If her companions had sought aid for Helvey when she collapsed, "Kyla
would not have died," Rozzano said.
Rozzano said GHB provides intoxication without a hangover. Street names
include liquid Ecstasy, scoop, easy lay, Georgia home boy, liquid X and
or simply G.
In lower doses, GHB causes drowsiness, dizziness, nausea and visual
disturbances. Higher dosages result in unconsciousness, seizures, severe
respiratory depression and sometimes coma, according to a federal Drug
Enforcement Administration Web site.
Overdoses usually require emergency room treatment, including intensive
care for respiratory problems and coma, the DEA says.
Controlled substance homicide is an unusual charge. It's been on the
books for a long time, but is used infrequently because it's often
difficult to trace the person who supplied the drug.
In a separate case, two people were charged with controlled substance
homicide following a New Year's Eve party in Edmonds last December when
a 16-year-old girl died of an overdose of the drug Ecstasy.
A man has pleaded guilty and an 18-year-old woman is scheduled for trial
early next year.
Helvey drank alcohol, her friends said, but never had taken hard drugs
before that night, Rozzano said.
Reporter Jim Haley: 425-339-3447 or
jhaley@heraldnet.com.
http://www.heraldnet.com/article/20071222/NEWS01/836215041&news01ad=1
Guilty plea to controlled substance
homicide in Edmonds overdose
THE ASSOCIATED PRESS
Last updated December 3,
2007 1:45 p.m. PT
EVERETT, Wash. -- A young man accused of selling Ecstasy to a teenager who died of an overdose on New Year's Day has pleaded guilty to controlled substance homicide.
David Michael Morris, 20, of Puyallup, could face up to five years in prison under the plea he entered Friday in Snohomish County Superior Court but plans to apply to a special alternative for drug offenders under which he could spend half that time in prison and the rest undergoing drug therapy.
In a plea deal Morris also promised to testify against Donalydia Huertas, 18, about the case of Danielle Dawn McCarthy, 16, also of Puyallup, who died after a round of New Year's Eve partying in Edmonds and the University District of Seattle.
Huertas, charged with controlled substance homicide and first-degree manslaughter, is expected to go on trial in late January or early February, Deputy Prosecutor Colleen St. Clair said.
According to court filings, Morris, Huertas and McCarthy were in a group of young people who attended a New Year's party in Edmonds. Morris was accused of selling Ecstasy to Huertas, who is accused of giving the drug to McCarthy.
Investigators wrote that McCarthy got sick early on New Year's Day and that Huertas repeatedly refused to let others get help for her. McCarthy was pronounced dead more than eight hours later when friends took her to Stevens Hospital in Edmonds.
Information from: The Herald, http://www.heraldnet.com
An Everson man who allegedly provided drugs to a friend who fatally
overdosed is being charged with murder. Charles P. Roessell Sr., 36,
could face between four and 10 years in prison for controlled substance
homicide if
Roessell was arrested Nov. 10 after sheriff’s
deputies found Rodriguez dead of an overdose on a makeshift bed in
Roessell’s
When questioned by deputies, Roessell admitted that he had given
Rodriguez five methadone and five oxycodone pills two days earlier in
exchange for Rodriguez’s help doing yard work at the house.
After finishing the work, Roessell and
Rodriguez had dinner and then crushed the pills and snorted the powder,
according to the documents. Roessell later admitted giving Rodriguez
three more oxycodone, three more methadone and one Clonazepam pill that
night.
Rodriguez was found dead the next morning.
Deputies arrested Roessell after he admitted to snorting the drugs with
Rodriguez the night before. Roessell told police he had been giving
Rodriguez the pills for approximately two months, according to the
documents.
Mac Setter, chief criminal deputy at the
Prosecutor’s Office, said he and Prosecutor Dave McEachran have tried
several controlled substance homicide cases over the years, but called
it “the only charge where we have been uniquely unsuccessful.”
Setter said jurors in past cases have
indicated that they believed the drug user was more responsible than the
drug provider.
“(Jurors believe) … the drugs don’t get in
the victim’s system without the victim’s participation or consent,”
Setter wrote in an email.
One of