RED BLUFF, Calif. – The rise in fentanyl-related deaths has prompted California prosecutors to issue warnings to individuals charged with selling the lethal drug, cautioning them that they could potentially face murder charges if the buyer dies of an overdose.
In Shasta County, the number of fentanyl-related deaths has skyrocketed in recent years, increasing from eight in 2019 to 42 in 2022, according to the Shasta Substance Use Coalition. Additionally, the number of opioid overdoses requiring the use of Narcan, a drug used to counter fentanyl overdoses, more than doubled from 91 in 2019 to 304 in 2023.
As a result of the surging fentanyl deaths, some district attorneys in California, including in Shasta County, have taken the step to charge drug dealers with murder if a buyer dies after consuming the drug. However, according to Shasta County DA Stephanie Bridgett, proving that a dealer knowingly sold a lethal substance is essential in pursuing a murder case.
Bridgett highlighted the challenge of proving that a dealer was aware of the deadly consequences of fentanyl, stating, “A lot of times a dealer is going to say, ‘Well, this is the first person I sold it to that died. Now I know it can kill somebody.'”
In order to establish a dealer’s knowledge of the dangers of fentanyl, the DA’s office has begun including a specific warning on drug sales charges presented to defendants in court. This notice serves as evidence that the defendant was aware of the lethal nature of the drug and could potentially be charged with second-degree murder if a buyer dies.
Bridgett also emphasized that drug dealers are typically not charged with first-degree murder, as it requires a greater degree of planning and intent to kill, which is not typically associated with drug sales. She pointed to a case where a Redding man was sentenced to seven years in prison for selling fentanyl to a 13-year-old who died after consuming the drug, thinking it was Percocet.
It is clear that the issue of fentanyl-related deaths is of significant concern in Shasta County and other parts of California, and prosecutors are grappling with the complexities of holding drug dealers accountable for the tragic outcomes of their sales. This emerging approach to combatting the fentanyl crisis underscores the ongoing efforts to address the devastating impact of opioid abuse in local communities.