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Danielle Dawn McCarthy July 18, 1990 - January 1, 2007
KIRO7_Police Look For Clues In New Year’s Eve Death 1.3.2007.wmv Watch this News Video
KIRO7_Man Arrested In New Year's Eve Death Of Teen 2.15.2007.wmv Watch this News Video
KIRO7__Man Faces Homicide Charge In Teen's Ecstasy Death 2.16.2007.wmv Watch this News Video
KING5_Second person charged in teen's Ecstasy death 6.1.2007.wmv Watch this News Video
KING5_Tougher charges filed in teen's overdose death 9.24.2007.wmv Watch this News Video
KIRO710_Ron and Don talk with the parents of Danielle McCarthy 1.9.2007 mp3 Listen
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Police investigating mysterious death of teenStory Published: Jan 3, 2007 at 5:42 PM PDT - Story Updated: Jan 4, 2007 at 5:39 PM PDT By KOMO Staff EDMONDS, Wash. - Police here are asking for the public's help retracing the steps of a young girl who died after being brought to a hospital by friends. Police spokesman Don Anderson said 16-year-old Danielle Dawn McCarthy was unconscious when she was dropped off at Stevens Memorial Hospital on Monday. She was spending the night at a friend's house in Puyallup, but decided to leave with her friends and some people she'd just met. She went to a party at a home in the 9400 block of 220th Street Southwest in Edmonds on New Year's Eve and into the early hours of the following morning. At some point in the night, she was also spotted with friends at a party in Seattle's University District, Anderson said. Investigators say friends brought McCarthy to the hospital after she was found unconscious at the Edmonds home where the party was held. "She was a good girl and she had a future. She deserved a future," said her mom, Lisa McCarthy, from their Puyallup home. Anderson said that the medical examiner has not yet determined how McCarthy died, but detectives are calling the death "suspicious." "We need to know what my daughter's last hours were. No matter how rough it is, we need to know how she died and why," said Danielle's father, Pat McCarthy. Detectives want to talk to anyone who saw Danielle that night. "We want to know what their observations were, what she was doing, who she was with and if there are any other names of people we should be talking to," said Sgt. Anderson. Danielle's family plans to pass out police contact information at her funeral. "I want my daughter back, but I can't get her back," said her dad. Anyone with information is asked to call the Edmonds Police Department tip line at 425- ******************************************************** Ecstasy drug blamed in girl’s deathBy AL HOOPER - The Beacon Now they know what killed her, but Edmonds police are no closer to resolving the circumstances of 16-year-old Danielle McCarthy’s death at a New Year’s Eve party in Edmonds. As determined by the county coroner, the Puyallup girl succumbed to a lethal overdose of the drug Ecstasy. Friends rushed her to Stevens Hospital in the early hours of New Year’s Day, but she did not recover. Complicating the investigation is the fact that earlier on New Year’s Eve the victim had attended a party in Seattle’s University District. Later she gravitated to the Edmonds party in the 9400 block of 220th Street SW. Investigators want to know where Danielle Dawn McCarthy ingested the fatal overdose, who gave it to her, and how it was obtained. Ecstasy is the street name for a drug whose triple-barreled scientific name is methylenedioxymethamphetamine, or MDMA. It is taken orally as a capsule or tablet. Its street names include hug and love drug. According to a 2005 nationwide survey, 3 percent of 12th graders in the U.S. had used Ecstasy in the past year. Short-term effects include feelings of emotional warmth, enhanced perception and increased energy. Adverse effects may include nausea, chills, sweating, muscle cramping, blurred vision and, in extreme cases, death. Edmonds police Sgt. Don Anderson asks that anyone who was with the girl that night, at either location, to call the department tip line at (425) 771-0212. ******************************************************** Published: Friday, February 09, 2007 Report links New Year's Eve death to Ecstasy By Sue Waldburger - Enterprise writer The death of a 16-year-old Puyallup girl after a New Year's Eve party in Edmonds has been linked to the drug Ecstasy, according to a report by the Snohomish County Medical Examiner's Office released Monday, Feb. 5. Danielle Dawn McCarthy died at Stevens Hospital Jan. 1 after friends, who found her unresponsive at a party they were attending, took her to the hospital emergency room. The medical examiner identified the cause of death as acute intoxication from Ecstasy; the manner of death was undetermined. Ecstasy, according to information from the National Institute of Drug Abuse, is a synthetic, mind-altering drug with hallucinogenic and amphetamine-like properties. Use of the drug by teens and young adults is increasing nationwide, the NIDA reports. Ecstasy changes the natural effects of serotonin, the chemical the body produces to help modulate moods and emotions. When serotonin levels rise and fall drastically, brain activity can be adversely affected, the NIDA concludes. McCarthy was attending a party in the 9400 block of 220th Street Southwest when friends found her unresponsive and took her to Stevens. She reportedly had attended a party in the University District of Seattle earlier in the evening. The Edmonds Police ask that anyone who saw or was with McCarthy that evening contact them at 425-771-0212. Sgt. Don Anderson, department spokesman, said the department will issue a follow-up report on the investigation within the next several weeks. ******************************************************** Man Arrested In New Year's Eve Death Of Teen POSTED: 5:24 pm PST February 15, 2007 - UPDATED: 9:55 am PST February 16, 2007 PUYALLUP, Wash. -- A 19-year-old man has been arrested in connection with the death of a 16-year-old Puyallup girl. The medical examiner said Danielle Dawn McCarthy died from an acute Ecstasy intoxication at a New Year’s Eve party in Edmonds on Jan. 1. Friends brought McCarthy to Steven’s Hospital in Edmonds early New Year’s Day after finding her unconscious. According to a police press release, Edmonds police detectives located and interviewed nearly everyone who was with or near McCarthy the night of her death. Detectives arrested a Puyallup man accused of providing McCarthy with Ecstasy. The man was booked into the King County Regional Justice Center on the charges of controlled substance homicide, but it was decided that charges would be pursued through the Snohomish County prosecutor's office. The man has since been transferred to the Snohomish County Jail, where he is due in court Friday. The girl’s father, Patrick McCarthy, said his daughter was against drugs and even tried to get him to stop smoking. “I would trade everything in my life to have her back, but if I can’t, I need to get the message out. These kids seem to think they are invincible, that Ecstasy is a safe party drug. It’s not. Even one time can kill you,” said Patrick. The Puyallup father said that others should come forward in the case, and said that at least a half dozen young people watched his daughter go into a seizure and die. Police said they have not ruled out other arrests in the case. ******************************************************** Drug-homicide charge filed against Puyallup man Friday, April 6, 2007 - Everett A Puyallup man accused of selling a teenager a fatal dose of the drug Ecstasy on New Year's Eve has been charged with drug homicide in Snohomish County Superior Court. David Michael Morris, 20, allegedly sold the party drug to 16-year-old Danielle McCarthy, also of Puyallup, during a night of partying in Seattle's University District and Edmonds. Investigators determined that McCarthy was given the Ecstasy in a car while traveling through King County en route to the Edmonds party. Morris allegedly saw her vomit, have a seizure and lose consciousness before he took her to the Stevens Hospital emergency room in Edmonds early Jan. 1. Morris is believed to have sold Ecstasy twice to McCarthy and another girl during the course of the night, according to court documents. He told detectives he thought McCarthy had fallen asleep. He was arrested Feb. 15. ******************************************************** Girl, 17, charged in Ecstasy death of friend SEATTLE POST-INTELLIGENCER Friday, June 8, 2007 EVERETT -- A teenage girl has become the second person charged with controlled substance homicide in the Ecstasy overdose of a 16-year-old girl on New Year's Day. Snohomish County prosecutors in Everett filed the charge against a 17-year-old high school junior and classmate of Danielle Dawn McCarthy, 16, of Puyallup, who was dead by the time fellow partygoers took her to a hospital early on the morning of Jan. 1. The 17-year-old girl pleaded innocent at her arraignment Friday and was released to her mother's custody. David M. Morris, 20, of Puyallup was charged in February with controlled substance homicide, essentially providing an illegal drug to someone who dies as a result. Patrick McCarthy, the dead girl's father, said Wednesday he wouldn't be shocked if others also are charged. "Knowing who the players were, we knew more charges were coming," the father said. "We are hoping that others could be charged in the way of rendering help" to the crime. He said his daughter had been spending time with the 17-year-old girl for several weeks but was "not a close friend." The girl spent a night at the McCarthys' residence in the week before the death, and the parents thought their daughter was spending New Year's Eve at the 17-year-old's house. Instead, according to court documents, the two girls went with Morris to New Year's Eve parties in Edmonds and the University District in Seattle, then returned to Edmonds after McCarthy got sick and began slipping into unconsciousness periodically. She was pronounced dead after Morris and the 17-year-old took her to Stevens Hospital in Edmonds. © 1998-2007 Seattle Post-Intelligencer ******************************************************** Charges stiffened in fatal overdose of Puyallup teen Wednesday, September 19, 2007 - Page updated at 01:59 PM By Jennifer Sullivan - Seattle Times staff reporter An 18-year-old high-school senior who prosecutors say failed to provide adequate aid to a classmate — who overdosed on Ecstasy on New Year's Eve and later died — is now facing a charge of first-degree manslaughter, which could result in a prison term of more than eight years. Donalydia Huertas, of Puyallup, had previously been charged with controlled-substance homicide, a juvenile-court charge that could have resulted in a standard sentencing range of zero to 30 days in jail. But Snohomish County prosecutors on Tuesday amended the charge so Huertas would be tried in adult court and also charged her with the more severe crime of manslaughter. Deputy Prosecutor Coleen St. Clair wrote in the amended charging documents that she filed the two adult charges after plea negotiations on the juvenile charge had not resulted in a resolution. St. Clair said Huertas told other people not to help Danielle McCarthy, also of Puyallup, even though the 16-year-old was violently sick and pleading for help. "One is a crime [controlled-substance homicide] based simply on the fact of causation: You give someone the drugs and they die," said Snohomish County Deputy Prosecutor Joan Cavagnaro. "The other [manslaughter] involves the additional involvement of recklessness — being aware of a risk and failing to account for it." Prosecutors allege that neither Huertas nor co-defendant David Morris, a 20-year-old Puyallup man charged with controlled-substance homicide, sought help for McCarthy until it was too late. On New Year's Eve, McCarthy, Huertas, who was 17, and Morris drove from Puyallup to parties in Edmonds and on the University of Washington's Greek Row. Witnesses said that during the evening McCarthy had taken Ecstasy that Huertas bought from Morris, according to charging papers. But after taking a second tablet, she grew nauseated, the charging papers say. She stayed in the car, drowsing, while the others partied. By the time the group got back to Edmonds, around 4 a.m., McCarthy was incoherent and drifting in and out of consciousness. She soon had a seizure, court papers said. When someone tried to awaken McCarthy at 6:30 a.m., the girl's face was cold and her lips were blue. In court papers, Huertas told police she did what she could to save her friend. She helped put McCarthy in a warm bath, splashed water on her face, tried to breathe life into her and helped bundle her in towels, according to court papers. Huertas and Morris then drove McCarthy to Stevens Hospital in Edmonds, where she was pronounced dead. Huertas will be arraigned Monday. Her attorney, Lance Hester, declined to comment Tuesday. Prosecutors said that charging someone who gave drugs to an overdose victim is rare. Adding manslaughter to a controlled-substance-abuse charge has likely never been done in Snohomish County, prosecutors said. "I think we've charged controlled-substance homicide in this office maybe three times," Cavagnaro said. "It's difficult to prove the elements of the crime. I imagine that most of the time that someone dies of an overdose there aren't many witnesses around." ******************************************************** Charge: manslaughter in death of Puyallup girl by The Associated Press - Wednesday September 19, 2007, 6:10 PM EVERETT -- The charge against a teenager accused of providing Ecstasy to a younger classmate and refusing to seek medical attention before she died has been increased to first-degree manslaughter. The new charge was filed Tuesday in Snohomish County Superior Court against Donalydia Huertas, 18, of Puyallup, previously charged in Juvenile Court with controlled substance homicide in the overdose death of Danielle Dawn McCarthy, 16, also of Puyallup, after a round of New Year's Eve partying in Edmonds and the University District of Seattle. The more serious charge, which could bring a prison term of more than eight years, was filed after Hertas turned 18 and negotiations failed to result in a plea agreement, Deputy Prosecutor Colleen St. Clair said. "One is a crime based simply on the fact of causation: You give someone the drugs and they die," Deputy Prosecutor Joan Cavagnaro said. "The other (manslaughter) involves the additional involvement of recklessness -- being aware of a risk and failing to account for it." Huertas was scheduled for arraignment Monday. Her lawyer, Lance M. Hester, would not comment. Huertas, the second person to be charged in the case, is accused of buying four tablets of Ecstasy and giving two of them to McCarthy. According to court filings, Huertas bought four tablets of Ecstasy, a synthetic drug also known as MDMA, from another partygoer, David Michael Morris, 20, of Puyallup, who is scheduled for trial in January on a charge of controlled substance homicide. Prosecutors wrote that Huertas gave two of the tablets to McCarthy and repeatedly refused to seek medical attention when the younger girl fell ill. Over an eight-hour period McCarthy vomited, became unable to walk, lost consciousness, went into a seizure and was dead by the time her companions brought her to Stevens Hospital in Edmonds ******************************************************** Man admits his role in drug death A Puyallup man pleads guilty to a controlled substance homicide charge in the death of a 16-year-old girl. Everett, Wash.Published: Saturday, December 1, 2007 By Jim Haley - Herald Writer EVERETT -- A Puyallup man who sold drugs to a teenager admitted responsibility Friday for the New Year's Day overdose death of a high school girl in Edmonds. David Michael Morris, 20, pleaded guilty to the seldom-used charge of controlled substance homicide after making the drug Ecstasy available to Danielle McCarthy, 16, also of Puyallup. He could serve up to five years in prison when he's sentenced on Feb. 21. Morris will apply for a special sentence for drug offenders. If he is accepted and Snohomish County Superior Court Judge Ellen Fair agrees, he could wind up spending half that time in prison and the remainder undergoing drug therapy outside of jail. Morris also will have to testify in the trial of a co-defendant, Donalydia Huertas, 18, who is charged with controlled substance homicide and first-degree manslaughter in Danielle's death. Huertas is expected to go on trial in late January or early February, deputy prosecutor Colleen St. Clair said. Controlled substance homicide has been on the books for years, but it is seldom charged, often because it is difficult to trace the source of drugs in fatal overdose cases, prosecutors said. According to court documents, Morris, Huertas and Danielle were among a group of young people who attended a New Year's party in Edmonds. St. Clair alleged that Morris sold Ecstasy to Huertas, who in turn gave the drug to Danielle. Documents said Danielle became ill about 1 a.m. on Jan. 1. Huertas repeatedly refused to let others get help for the younger girl, documents say. During the next eight hours, Danielle vomited, became unable to walk, lost consciousness and went into a seizure, documents said. According to court papers, Huertas and Morris at one point put McCarthy in a warm bath and splashed water in her face. She was taken to Stevens Hospital in Edmonds around 9:45 a.m., where she was pronounced dead. The Snohomish County Medical Examiner's O ffice said Danielle died from acute Ecstasy intoxication. ******************************************************** Trial in Ecstasy death might start in early June MELISSA SANTOS; The News Tribune Published: May 13th, 2008 01:00 AM | Updated: May 13th, 2008 07:38 AM The trial of a young woman accused of giving a 16-year-old Puyallup classmate the Ecstasy drugs that killed her has been delayed four times. It was originally scheduled for last July. Now prosecutors say they are optimistic the trial will begin in early June without further delays. More than a year after Danielle McCarthy died of an overdose, her father is more than ready to have some resolution. Pat McCarthy would like a guilty verdict against Donalydia Huertas, who’s accused of giving Danielle the drugs that killed her on Jan. 1, 2007. But more than anything, he’s eager for the long court process to be over. “Whether it is good or bad, we need to start our lives,” Pat McCarthy said last week. “The uncertainty of everything is what’s really emotionally draining.” Huertas is charged with first-degree manslaughter and controlled substance homicide. Now 18, Huertas is being tried as an adult in Snohomish County Superior Court. Huertas’ attorney, Wayne Fricke, is filing a motion requesting the case be sent back to juvenile court. Huertas was originally charged with controlled substance homicide as a juvenile, but prosecuting attorneys added the manslaughter charge and moved the case to adult court after she refused a plea bargain. “It’s clearly a juvenile case,” Fricke said. “That’s where she was arraigned, that’s where she pleaded not guilty, and that’s where it should have remained.” He said prosecutors wanted Huertas to accept “an exceptional sentence” in exchange for a guilty plea, which would keep her in state custody until she is 21. Deputy prosecutor Coleen St. Clair said she couldn’t discuss details of the plea offer, but said Huertas still will be charged as a juvenile if she is found guilty only of controlled substance homicide. If she is found guilty of manslaughter, however, she could be sentenced to between 61/2 and 81/2 years in prison, plus an additional four to six years for the controlled substance homicide charge. According to court documents, Danielle and Huertas left Puyallup the night of Dec. 31, 2006, to attend parties in Edmonds and Seattle. At the time, the girls were both juniors at Rogers High School. During the night, Huertas gave Danielle two Ecstasy tablets she bought from a friend, according to court documents. When Danielle became sick after taking the second tablet, she reportedly stayed in a car while Huertas and her friends came and went from fraternity parties. When Danielle’s friends tried to wake her in the morning, she was unresponsive. By the time Huertas and others took her to the hospital, records show, she was dead. A medical examiner’s report confirmed Danielle died of acute Ecstasy intoxication. Another defendant, David Morris, pleaded guilty to controlled substance homicide in January for his role in Danielle’s death. He admitted selling Huertas the drugs she gave to Danielle and driving the two girls from Puyallup to Edmonds, according to court documents. Morris is awaiting sentencing. Meanwhile, the McCarthys are waiting, too. Pat McCarthy said he’s looking forward to when both cases are closed and his family can start to heal. “We’re stuck in limbo,” McCarthy said. “We’ve got to start over again, and we can’t do that until this is put behind us.” Melissa Santos: 253-552-7058 ******************************************************** Man sentenced in Puyallup teen's overdose death Story Published: Jun 4, 2008 at 4:15 PM PDT - Story Updated: Jun 4, 2008 at 7:59 PM PDT By KOMO Staff & News Services EVERETT, Wash. -- A Puyallup man who admitted to supplying drugs that killed a 16-year-old girl has been sentenced to more than two years in prison. Twenty-one-year-old David Morris pleaded guilty to controlled substance homicide, a felony, in the overdose death of Danielle McCarthy, of Puyallup. He admitted he supplied Ecstasy to McCarthy on New Year's Eve 2006. Morris appeared in Snohomish County Superior Court on Wednesday. Before learning his fate he listened to the emotional word of McCarthy's grieving family members. "It's like something cut us in half...and everyone can see," said mother Lisa McCarthy. "they say it gets easier with time. I don't know who 'they' are. It doesn't get easier. You just get better at hiding the pain." Danielle died after a night of partying with her friends more than two years ago, but several questions remain unanswered. For instance, it remains a mystery why Morris did not do anything sooner to help the teen. Danielle was already dead by the time she was finally rushed to the hospital after taking two tablets of Ecstacy. "There were so many points along the way when her life could have been saved," said Judge Ellen Fair on Wednesday. Danielle's father said he lives with that troubling point every day. "Danielle is the first thing I think of when I wake up, the last thing I think about when I go to bed at night. But everything in between is how she died," said Patrick McCarthy. After hearing to the painful words of Danielle's parents, Morris made a tearful apology to the family. "Not a day goes by when I don't think about what happened and the loss of Danielle," he said. Morris was granted an alternative sentence for drug offenders. In addition to his prison sentence, Morris will be under community supervision for more than two years and be required to undergo drug treatment. If he fails to meet all the requirements of treatment, he'll be sent back to prison to finish out the remainder of his sentence. Once out of prison, he will also have to serve 30 months of community service. Morris, who has been out of custody, was ordered jailed immediately. He is expected to remain in the Snohomish County Jail in Everett during the trial of co-defendant Donalydia Huertas. The 18-year-old woman from Puyallup is expected to go on trial next week. Prosecutors say Huertas bought the drugs from Morris and gave them to McCarthy. She is charged with first-degree manslaughter and controlled substance homicide. She has refused to take the guilty plea. ******************************************************** 30 months for drug dealer in teen's Ecstasy death 06:01 PM PDT on Wednesday, June 4, 2008 EVERETT, Wash. – A man who sold the drug Ecstasy that killed a Puyallup girl was shown some leniency from a judge Wednesday for his cooperation in the investigation. David Michael Morris of Puyallup was sentenced to 30 months in prison for the New Year's Eve 2006 death of 16-year-old Danielle Dawn McCarthy, also of Puyallup. Danielle's mother was in tears as she spoke at the sentencing. "I hope someday he has the courage to explain to me why my child's life wasn't worth saving," said Lisa McCarthy. "She's dead and she's not coming back... and she was mine and I loved her." Morris will also have to serve 30 months of community custody upon his release, which will include substance abuse treatment. If he fails at that or commits another crime, he'll serve the remainder of those 30 months in prison. "I want to apologize to the McCarthys for the loss of their daughter. I know it won't change her not being here, but I wish it could," Morris said in court. McCarthy took the drug at a party. After two doses, prosecutors say Danielle became sick. Morris faced up to five years in prison. Danielle McCarthy The lighter sentence was not part of a plea bargain. The judge cited the fact that Morris was cooperative through the investigation, pleaded guilty to controlled substance homicide and voluntarily agreed to testify against another suspect, 18-year-old Donalydia Huertas. She's the classmate who is accused of actually giving McCarthy the Ecstasy, then telling people not to help Danielle as she was suffering. Huertas is charged with controlled substance homicide and first-degree manslaughter. Trial begins next week for Huertas. She was offered similar deals to Morris' in both juvenile and adult courts, but pleaded not guilty. ******************************************************** Everett, Wash. - Published: Friday, December 12, 2008 Teen held in overdose death seeking releaseBy Diana Hefley, Herald Writer SEATTLE -- A Puyallup teen convicted in the overdose death of a classmate is fighting a Snohomish County judge's decision to keep her locked up until her 21st birthday. Donalydia Huertas, 19, has been in juvenile detention since August, when Superior Court Judge Ellen Fair ordered her held until she turns 21. The judge determined that the standard juvenile sentence -- a maximum of 30 days -- would be a manifest injustice. Huertas was convicted in June of second-degree manslaughter and controlled substance homicide in the Ecstasy overdose death of Danielle McCarthy, 16. A jury found that Huertas was negligent when she supplied McCarthy with drugs and failed to summon aid while the girl overdosed for several hours. Huertas' attorney Wayne Fricke is scheduled to argue today in the state Court of Appeals in Seattle for his client's release. Huertas is not expected to attend the hearing set before a court commissioner. "I hope to get her out by Christmas, if there's any justice in the world," Fricke said. The Tacoma attorney said he plans to argue that Fair erred when she ordered a sentence beyond the standard range. He said the evidence doesn't support the judge's decision and the sentence against Huertas is excessive. Huertas also has appealed the conviction, but that argument isn't expected to be heard for months. Huertas was charged with first-degree manslaughter and controlled substance homicide and went on trial in adult court because of the seriousness of the charges. Jurors failed to reach a decision on the first-degree manslaughter charge. Instead they convicted Huertas of the lesser crime of second-degree manslaughter. The jury's decision sent the case back to juvenile court for sentencing. Fair said Huertas needed to be locked up longer than a month to protect the community. Fair also ruled that the crime was cruel and McCarthy was a vulnerable victim whom Huertas refused to help. Huertas was 17 at the time. Snohomish County prosecutor Seth Fine said that the facts of the case support a finding that there were aggravating factors to support a lengthier incarceration for Huertas. McCarthy suffered for hours and Huertas took a leadership role in failing to summon medical help for her classmate, he wrote. Fine also argued that Fair appropriately considered the disparity between the sentence for Huertas and co-defendant David Morris. Morris, who was 19 at the time of the drug death, was convicted as an adult and sentenced to nearly five years in prison for controlled substance homicide. He admitted selling the Ecstasy to Huertas. "Mr. Morris was properly held responsible for delivering the drugs that killed the victim. Ms. Huertas did that and much more," Fine wrote. Fair didn't abuse her discretion when she ordered Huertas be held for about two years, he added. A decision isn't expected for at least a week. If Huertas prevails, she could be released immediately from juvenile detention. She already has been locked up more than 30 days. ******************************************************** Reporter Diana Hefley: 425-339-3463 or hefley@heraldnet.com. - © 2008The Daily Herald Co., Everett, WA Lawmaker wants people to call 911 for drug ODsMar, 1, 2009 MELISSA SANTOS; melissa.santos@thenewstribune.com Danielle McCarthy might have survived an Ecstasy overdose two years ago, if only her friends had called 911 for help. The 16-year-old Puyallup girl died on New Year’s Day 2007 after attending parties in Edmonds and Seattle. She showed signs of overdosing for nearly eight hours, but no one with her called for medical aid. A bill under consideration in the state Legislature aims to get people to report overdoses before they turn fatal. And Danielle’s father, Pat McCarthy, opposes it. Senate Bill 5516 would forgo charging people with drug possession if they were caught because they sought help for an overdose. The bill passed out of committee Feb. 19 and soon could be scheduled for a floor vote. Bill sponsor Sen. Rosa Franklin, D-Tacoma, said she doesn’t want fear of drug possession charges to stop people from calling 911 when someone overdoses. “My interest in this bill is actually about saving lives,” Franklin said last week. A bill similar to Franklin’s, Substitute House Bill 1796, is also moving through the Capitol. ‘TICKET TO FREEDOM’ Pat McCarthy said the bills would create a loophole for people to get away with drug offenses. “As long as you call 911, it’s your ticket to freedom,” McCarthy said. “Even if they call after someone’s already dead, it seems to give immunity.” The bills wouldn’t protect people who distribute drugs or are accused of controlled substance homicide, the legal term for providing drugs that lead to a fatal overdose. That was the charge brought against the two people who provided Ecstasy to Danielle McCarthy. One, David Morris, pleaded guilty to the charge and was sentenced to nearly five years in prison. The other, Donalydia Huertas, a former classmate of Danielle’s at Rogers High School, was convicted of second-degree manslaughter and received two years of juvenile detention. At least three other people were with Danielle while she was dying, court records say, and none made the phone call that could have saved her life. According to court records, Danielle vomited repeatedly and drifted in and out of consciousness for several hours. When her companions couldn’t awaken her around 6:30 a.m. on New Year’s Day, they placed her in a warm bath for about 15 minutes and researched “Ecstasy overdose” on the Internet, the records state. DISCOURAGED FROM CALLING 911 Morris called his mother, a registered nurse, and she told him to call 911, the documents say, but the host of the party discouraged him from calling because the host had a warrant out for his arrest. Morris and Huertas drove Danielle to an Edmonds hospital around 9:45 a.m., but she was already dead. “They could have called,” Franklin said. The Tacoma lawmaker, who has served nearly two decades, said Danielle’s case was one of many that prompted her to introduce the legislation. According to state statistics, 5.6 Washington residents per 100,000 died from drug use in 1992; by 2003 that number had risen to 9.9 deaths per 100,000. But Pat McCarthy said he doesn’t think eliminating the threat of drug possession charges would have prompted any of Danielle’s friends to call 911. “People out there, if they’re going to call, they will,” he said. “It’s about compassion. There’s nothing that could ever happen to you from calling that compares to somebody dying.” Prosecutors share McCarthy’s concerns that Franklin’s bill could complicate criminal trials without changing people’s behavior, said Tom McBride, executive director of the Washington Association of Prosecuting Attorneys. The bill could create an argument for suppression of evidence in a variety of drug cases, McBride said. “There’s a grant of immunity from prosecution in this bill,” McBride said at the bill’s hearing before the Senate Judiciary Committee on Feb. 11. “You can’t take that back.” Also, defendants occasionally are tried for drug delivery, but a jury ends up convicting them on a lesser charge of drug possession, McBride said. The law doesn’t address whether the reduced charge would stand if a 911 call was made before an arrest, he said. HOLD THEM RESPONSIBLE Pat McCarthy said he thinks legislators should take the opposite approach of what is contained in Franklin’s bill: They should make it a crime for people to fail to summon aid for someone who is overdosing. That’s a better strategy than eliminating the threat of a drug charge for people who do decide to call, he said. “You’ll probably see a reduction in overdose deaths if people know they are going to be held responsible for their actions,” McCarthy said. He suggested that current failure-to-summon-assistance laws could be used for that purpose, but McBride said it would be hard to apply those statutes to drug overdoses. Franklin said she sees punishing people who don’t call 911 as a negative way to approach the problem. She said she’s trying to use a carrot rather than a stick. “I think it would push people away so they don’t call,” Franklin said. “It’s just not going about it the right way.” Melissa Santos: 253-552-7058 ******************************************************** |
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