Should Fentanyl Dealers Face the Same Prison Time for Intentional vs. Accidental Overdoses?
The Colorado Supreme Court has ruled that a fentanyl dealer whose customer dies in an intentional overdose may not necessarily face the same prison time as a dealer whose customer dies accidentally.
In a recent 5-2 decision, the justices found that a Colorado man who sold fentanyl to a customer who died by suicide in an intentional overdose could present evidence of the suicide as a defense against Colorado’s new, stricter penalties for fentanyl dealing resulting in death.
Chief Justice Monica Márquez wrote for the majority, stating that jurors should consider whether the customer’s suicide should mitigate the seller’s punishment.
The case involves a 26-year-old man from Colorado Springs who died from a massive fentanyl overdose. The man had sent a suicidal text before his death, leading the coroner to rule it as a suicide due to the large dose of fentanyl he took.
Patrick Beverly, who sold fentanyl pills to the man, faced an increased prison sentence due to the victim’s death. His attorneys argued that he could not have foreseen the suicide and therefore should not be held fully responsible.
The majority of justices agreed that the victim’s suicidal intent could impact Beverly’s culpability, while dissenting justices argued that selling illicit fentanyl is inherently dangerous regardless of the victim’s intent.
State lawmakers increased the prison sentence for fentanyl distribution resulting in death in 2022, allowing for harsher penalties when the distribution directly causes a death.
It remains to be seen how Beverly’s case will play out in court as evidence of the victim’s suicide is presented to the jury.
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