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Why it's hard to charge drug dealers with overdose deaths

Overdose Deaths
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A Norfolk drug dealer pleaded guilty to a crime related to the death of a woman who overdosed in Chesapeake back in 2022.

With more and more overdose deaths across the state, some people want this charge used more often, but experts say it can be difficult to prove.

A Hampton mother, Diana Mitchell, understands the frustration of wanting people charged after the death of her daughter in January of 2017.

She said her daughter Brooke had a 4.2 GPA, plans for college and was an amazing person. She struggled with drugs, spent months in rehab and had her life back on track, but then got caught up with old “friends."

“They witnessed her overdosing. They knew she was overdosing and continued to ride around with her,” said Mitchell.

She said her daughter’s so-called “friends” drove her around for two hours before taking her to the hospital where she eventually died.

“They (law enforcement) said they couldn't charge them because she took the drugs,” said Mitchell.

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With so many overdoses in our community, Mitchell and others would like to see more resources put towards the problem.

“There are tons of people walking out with urns asking, 'Why we couldn't get justice for our children?'” said Mitchell.

She'd also like to see higher penalties for those putting the deadly drugs on the streets.

“These guys know what they're selling. They absolutely do and they don't care and neither do the people that are making the billions of dollars off of them,” said Mitchell.

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In a separate case, Jason Warren of Norfolk is waiting to be sentenced after pleading guilty to one count of distribution of fentanyl resulting in serious bodily injury and death after a woman died in July of 2022.

Federal prosecutors used evidence from the victim’s phone and surveillance video from a Chesapeake hotel and a CVS to make their case.

The Norfolk drug dealer admitted to selling the drugs to others after she died, according to court records.

“We’re in a national overdose crisis. More people are dying from drugs and overdoses than car accidents,” said Ramin Fatehi, Norfolk Commonwealth’s Attorney.

Fatehi isn’t connected to either case, but says prosecuting drug dealers for overdose deaths can be extremely difficult without a confession, witnesses and/or strong evidence.

“It’s often impossible. These are crimes that happen mostly in private, so that’s why it’s extremely rare no matter where you live, what city or state you’re in, to see somebody prosecuted for an overdose resulting in a death,” said Fatehi.

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Governor Youngkin recently signed Senate Bill 469 into law which makes it a class 6 felony to have a pill press machine used to distribute drugs like fentanyl. His office issued a statement on how the bill aims to fight the fentanyl crisis, which can be read here.

"We lose an average of five Virginians every day to fentanyl overdoses. The rise of counterfeit drugs and synthetic opioids, like fentanyl, continue to fuel the drug epidemic gripping the nation right now, but Virginia is fighting back. By enhancing penalties and criminalizing the possession and use of machines to produce counterfeit drugs, we are supplying law enforcement personnel with the tools they need to hold drug dealers accountable for poisoning our communities," said Attorney General Jason Miyares.

Fatehi and many others believe more resources should be put towards treatment and other programs that work to stop the growing number of people with substance abuse problems.

He says these resources could greatly benefit the community and prevent more families from dealing with the horrific pain of losing a loved one.

“We're stuck. You try to go through every day, but it kind of hits you, no matter what,” said Mitchell.

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