AUSTIN (KXAN) — Increased criminal penalties involving individuals who distribute deadly doses of fentanyl have been in place for almost a year.
According to Texas law, if someone knowingly gives fentanyl to someone else, and the recipient dies, the person who provided the recipient with fentanyl can face murder charges.
“Fentanyl is a devastating drug because it has such a lethal impact. Because of that, the legislature has equated fentanyl with the offense of murder,” Charlie Baird, a retired Travis County judge and current Austin area defense attorney, said.
Last week, Austin-Travis County EMS said there were 79 suspected overdoses and nine deaths. On Monday, police announced the arrests of five individuals who detectives found – via a sting operation – to be in possession of or accused of distributing crack, meth and/or marijuana, all laced with fentanyl.
“Individuals arrested in these investigations are not linked as of right now to any of the overdose victims,” Lt. Patrick Eastlick with APD’s Organized Crime Division said. At this point, the five suspects’ charges max out at possession and distribution offenses.
Eastlick said the investigation is still ongoing and more charges and additional arrests could occur. He added that part of the difficulty in tying the suspects to last week’s overdoses comes from some victims not cooperating. APD said the overdoses started downtown and then spread to parts of north and south Austin.
The cases in Austin are different from the two recent Central Texas fentanyl cases that have resulted in murder charges.
In March, authorities in Williamson County arrested a man who officials said sold drugs containing fentanyl to a 16-year-old boy in Leander.
Last year in Hays County, an 18-year-old was arrested – and later sentenced – on a murder charge connected with the fentanyl overdose death of a 15-year-old boy from Kyle.
“When an individual knowingly delivers a controlled substance that includes fentanyl, and another individual takes that controlled substance and it causes their death, that individual who delivered the drug with the fentanyl in it will be charged with murder,” Baird said.
Baird said two main “hurdles” have to be met for someone accused of giving someone else fentanyl to be charged with murder.
“Number one, who actually provided the drugs to the individual who in a case like this would be deceased,” he said. “Even if you found out the provider of the drugs, the next question would be did the provider know the drugs they delivered had fentanyl in them?”
In the Austin case, there are several victims, and police are still trying to tie specific batches to specific patients. At this time, APD does not believe the fentanyl-laced drugs are related to a larger drug operation.
“Historically a lot of the narcotics dealers that we see here aren’t involved in major organized crime, it’s individuals who are out to make a profit for themselves,” Eastlick said.