CONTACT: Brook Arbeitman - brook.arbeitman@oklahomacounty.org

DA's Office Establishes Charging Guidelines in Fentanyl-Related Overdose Deaths

FOR IMMEDIATE RELEASE --- June 7, 2023

OKLAHOMA CITY - The Oklahoma County District Attorney’s Office will begin charging user-to-user fentanyl overdose deaths as Manslaughter in the First Degree. Addicts sharing fentanyl with no intent to cause harm to the person they are sharing with present a different fact scenario for prosecutors. Each case is unique and as such will be reviewed thoroughly to determine if aggravating or mitigating circumstances dictate a different charge. Handling these cases on a case-by-case basis provides an opportunity to identify individuals that would benefit from Drug Treatment Court, which offers a wholistic approach to breaking the cycle of addiction and incarceration.

“We are very sensitive about fentanyl and how dangerous it is,” said Oklahoma County District Attorney Vicki Zemp Behenna. “I want to protect the community at large, and that includes a user who may be in distress. No one should be afraid to call for medical help if someone they are using with takes a turn for the worse.”

According to the Oklahoma Bureau of Narcotics and Dangerous Drugs (OBNDD), fentanyl is a synthetic opioid and schedule II drug that is 100 to 1,000 times more potent than morphine. Of major concern is fake prescription pills laced with fentanyl. OBNDD reports that drug organizations often purchase fentanyl as a cutting agent because it is a powerful yet cheap drug. Heroin can be cut with fentanyl, or it can be pressed into pills that resemble prescription pills such as Oxycodone. OBNDD’s fentanyl drug sheet states that fentanyl is so strong that the difference between a dose that will get someone high and a dose that will kill someone is extremely small. The agency reports that in 2019, fentanyl opioids were the most common overdose death.

“We take any death seriously and there should be accountability when someone dies from an overdose of fentanyl,” said Behenna. “But our goal should be to pursue the dealers and traffickers who are making a profit on the backs of Oklahomans who have an addiction. Of particular concern is counterfeit fentanyl-laced pills, which OBNDD says is the most common form of illicit fentanyl on the streets.”

The District Attorney’s Office will work with law enforcement partners at the local and state level to pursue the dealers and traffickers who are selling fentanyl in Oklahoma County. They will be prosecuted to the fullest extent of the law, including in cases where it can be proven the conduct of dealers and traffickers caused an overdose death.

Criminal charges are based on probable cause to believe a person has committed a crime. All defendants are presumed innocent unless proven guilty in a court of law.

320 ROBERT S. KERR, SUITE 505 OKLAHOMA CITY, OK 73102 (405) 713-1600
FAX (405) 235-1567

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