Suspected Carrollton drug dealers could face murder charges
CARROLLTON, Texas - Last week's arrest of two suspected drug dealers in Carrollton may be one of the first cases in Texas where a murder charge could apply.
That's because of a new law allowing for the charge if certain drugs are sold leading to death.
A 15-year-old girl who attended Newman Smith high School in Carrollton is believed to have died from a fentanyl overdose two weeks ago. She is one of four kids in the area to die from fentanyl since September.
Two alleged dealers connected to the 15-year-old’s death are facing federal distribution charges.
Now, law enforcement and prosecutors are working to see if state-level murder charges could be added.
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Criminal trial lawyer George Milner is not connected to this case. He is talking about a bipartisan Texas law signed by Gov. Greg Abbott this month which creates a criminal offense of murder for supplying fentanyl that results in death.
"They’re trying to do what they can to stop the problem. I just don’t know that this statute would do it. Maybe it has some deterrent-level effect," he said.
On Friday, Carrollton Police Chief Roberto Arredondo told FOX 4 he’s in contact with the Dallas County district attorney to see if a murder charge would apply to the 15-year-old’s alleged dealers.
"We’re both discussing what this House Bill 6 means to us and what we’re going to do," he said.
However, the new law will not go into effect until Sept. 1.
For those charged in the 15-year-old’s overdose, a murder charge does not appear to be an option.
"You can’t retroactively apply a criminal statute, so they wouldn’t be able to do that," Milner said.
Milner believes a murder charge in overdose cases might be a stretch since murder is defined as "intentionally or knowingly" causing death. However, the charge of criminal homicide allows for "criminal negligence" causing death.
"If you had a dealer and you could show through text messages, whatever, that he understood that there was a high likelihood this was fentanyl, he understood that it had a reasonable chance of killing somebody, I think you could get there on a reckless standard, which would be a second-degree felony manslaughter," Milner said.
Regardless of how often the new law is used, Milner believes it signifies elected leaders are working to address a deadly problem.
"Starting September 1, things are going to get very dangerous for anybody distributing fentanyl," he said.