Prosecutors at both the state and federal levels are increasingly charging people who sell drugs when a buyer dies of an overdose. Under Ohio law, overdose death cases are typically prosecuted under two (2) statutes:
- Corrupting Another with Drugs, a violation of Ohio Revised Code § 2925.02; and
- Involuntary Manslaughter, a violation of Ohio Revised Code § 2903.04.
Both offenses carry potential prison terms of 8 to 11 years and can require mandatory prison time, which prevents an offender from earning good-time credit or obtaining early release.
Although these cases can be difficult, a conviction is never a sure thing for prosecutors. The issue of “proximate cause,” whether the drugs a person sold actually caused the death, can create evidentiary issues for the state leading to negotiating favorable plea agreements.
A few years ago, I represented a woman in a small rural Ohio county who was charged with Corrupting Another with Drugs and Involuntary Manslaughter. The case centered on her sale of a small amount of fentanyl to a man who tragically overdosed two days later. According to the forensic pathologist’s report, the cause of death was “acute multiple drug effects,” because fentanyl, methamphetamine, cocaine, and other drugs were all found in his system. There was also an argument that he may have purchased the drugs from another dealer after his interaction with my client.
To convict my client, the State had to prove my client sold drugs to the victim before his death, but also that a causal connection existed between the drugs she sold and the fatal overdose. This creates two substantial problems for the prosecution. First, forensic pathologists are often reluctant to identify a single drug as the cause of death, especially when several are found in the deceased’s blood. Second, because the deceased had multiple potentially lethal drugs in his system, how could a jury be convinced beyond a reasonable doubt that my client’s sale caused his death?
Because of these problems, the State agreed to dismiss the Involuntary Manslaughter charge and reduce the Corrupting Another with Drugs charge to a low-level trafficking offense with a 36-month prison sentence. With jail-time credit, my client will serve approximately 14 months before her release—a dramatic reduction from the possible 8- to 11-year sentence she faced on the original charges.
Cases involving overdose deaths are serious and tragic. At the same time, an experienced criminal defense lawyer can identify defenses that weaken the State’s case and work toward the best possible outcome for the client.
If you have been charged with a drug crime or have a legal question about a criminal matter, contact Columbus, Ohio criminal defense lawyer Joe Edwards at (614) 412-2641. Attorney Edwards has more than 25 years of experience representing clients in state and federal courts.
