Murder Charge to be Brought in Texas Case Involving Fentanyl Overdose Death

As individuals and families around the country deal with the devastation caused by fentanyl, lawmakers, prosecutors and police have tried to find ways to punish those whose actions contribute to opioid abuse. A 2023 change to Texas Penal Code Section 19.02 makes someone eligible for a murder charge if they illegally manufacture or deliver fentanyl and an individual dies as a result of consuming that controlled substance. Now, a Texas prosecutor may be bringing a murder charge based on that provision in a case arising from the tragic death of a young woman.

Chasity Nelson was found dead in her Sweetwater apartment when police were requested to check on her welfare. Some fentanyl was found in her system during her autopsy. In response, Sweetwater Assistant Police Chief Cory Stroman says the 32nd Judicial District intends to use the new law to file a murder charge against the person(s) who supplied the opioid to Nelson.

One question that has arisen in connection with the new law is whether it might be misused in cases where someone has a trace of fentanyl in their system, but it is unclear whether the drug actually caused the fatality. The amount of fentanyl that it would take to cause a lethal overdose can vary greatly, according to Stroman. A conviction under Penal Code 19.02 can trigger a prison sentence ranging from five to 99 years, so the damage from an unjust guilty verdict could be devastating.   

The expansion of Penal Code 19.02 also opens the door to murder charges for individuals who never even met the victim. Supporters of the law believe this is appropriate because they liken Fentanyl to poison. They also cite incidents where young people suffer Fentanyl overdoses because it has been added to their Adderall prescriptions without their knowledge. However, finding exactly who was responsible for manufacturing or delivering fentanyl or another dangerous drug referred to in the Penal Code can be very difficult. 

Any murder or manslaughter charge must be treated with the utmost seriousness. If you’re being prosecuted under Section 19.02(b)(4), it is particularly important to retain a seasoned attorney who can safeguard your fundamental rights and challenge the application of the law to your case. 

Tylden Shaeffer, Attorney at Law, P.C. in San Antonio defends the rights of Texans charged with homicide and other serious crimes. For a free consultation, please call (210) 227-1500 or contact me online.   

By Tylden Shaeffer | Published October 23, 2024 | Posted in Criminal Law | Tagged fentanyl, Manslaughter, Murder Charge, Overdose