Last week, I noted the potential punishments in state/federal court for individuals who distribute heroin that results in death/serious bodily injury.  Today, I will discuss a couple issues that could arise in the prosecution of these types of cases.  It is important to keep these issues in mind when preparing a defense.

 

Causation

 

In federal court, an individual who distributes heroin that results in the recipient’s death faces a 20-year mandatory minimum sentence.  The Government must prove beyond a reasonable doubt that the heroin was a “but for” cause of the death.  In Burrage v. United States, 134 S.Ct. 881, 891-92 (2014), the United States Supreme Court held that in this situation a controlled substance cannot merely be a contributing cause but instead must be an “independently sufficient cause” of the death. 

 

In some overdose cases, a decedent might have used several substances (e.g. heroin and cocaine) around the time of his/her death.  If, for example, there is evidence that a defendant distributed the heroin but not the other substance, then the Government must offer sufficient evidence to prove beyond a reasonable doubt that the heroin was a “but for” cause of the death and not merely a contributing cause (along with the other substance).  In this situation, the medical examiner would likely become a key trial witness for the Government.  Thus, causation is an important issue in overdose prosecutions.

 

(As a side note, in United States v. Alvarado, 816 F.3d 242 (4th Cir. 2016), the Fourth Circuit held that, following the Burrage case cited above, the Government does not have to prove that a user’s death was foreseeable to the defendant.  This means that a defendant does not have to intend or anticipate that the recipient will die from an overdose upon distributing heroin to the recipient.)

 

Multiple Sources

 

Another key issue could arise when there is evidence that a decedent received heroin from multiple supply sources.  If, for example, the Government only charged one supply source, then the Government must prove beyond a reasonable doubt that the heroin from that supply source (the defendant) caused the decedent’s death.  Some heroin dealers stamp (mark) the heroin they distribute.  When there is evidence that a decedent received heroin from different sources (e.g. heroin with separate stamps was present in different rooms of the decedent’s residence), then there might be a question whether the decedent used the heroin from the defendant charged in the case.  Attorneys handling these types of cases should review the evidence carefully to determine whether this presents a possible avenue to defend an overdose prosecution.

 

***NOTE:  This information does not constitute legal advice.  It is for informational purposes only.  With questions, please contact Weede Law, PLLC for a free initial consultation.