Manatee law enforcement looking into murder charges for heroin dealers

MANATEE -- With the deadly supply of heroin permeating Manatee County, heroin dealers can face charges much worse than drug trafficking.

A drug dealer in Sarasota was charged and convicted of manslaughter after an overdose victim was found dead at the dog track in Sarasota, according to the State Attorney Ed Brodsky.

"It's a rare occurrence to get a conviction for this, but it is possible," Brodsky said. "And if we get the right circumstances, we'll pursue them whenever we can."

And it isn't just manslaughter. If the state can prove a dealer's particular stash resulted in a death by drug overdose, they can be convicted of first-degree murder, which carries the possibility of life in prison or the death penalty.

The Manatee County Sheriff's Office has been looking into filing such charges as the heroin epidemic ravages the county, causing 86 deaths this year through mid-June. Capt. Todd Shear said investigative units have started having biweekly meetings to discuss cases where there have been deaths because of overdoses and identifying where it would be possible to charge dealers with murder.

"We're looking at several cases now; no official charges yet," Shear said. "But the process of exploring that is ongoing."

It isn't an easy charge to prove, Brodsky said, but under the right circumstances, like the case in Sarasota, it can be done.

"We don't see it utilized often because it requires a lot of elements," Brodsky said. "In addition to proving that person sold them the drug that killed them, you also have to show that it was that

drug, and only that drug, not a mix, that killed them."

In addition to those difficulties, law enforcement also runs into the issue of depending on witnesses who can identify the drug dealers who sold the deadly stash, which would typically be other drug users. Palmetto Police Chief Scott Tyler said drug users are typically unreliable when it comes to revealing sources.

"We'll see people revived from a drug overdose, and right then and there, they're willing to cooperate. But then you come back even a few minutes or an hour later, and they don't want to anymore," Tyler said. "And it isn't just because they don't want to reveal their source, but some actually fear these drug dealers."

Tyler said though they aren't having focused meetings about it, they always keep an eye out for the possibility of a murder charge in overdose cases.

Part of the problem with effectively combating drug traffickers is they tend to bond out of jail quickly, Shear said. And though arrests and confiscating supplies are helpful, more serious charges could keep them off the street long term.

"It's one thing to arrest someone for a trafficking charge, and it's another to charge them with murder," Shear said. "These traffickers need to realize that if you're going to sell controlled substances in this county, or anywhere for that matter, that there's blood on your hands."

In addition to pursuing possibilities for increased charges, a month ago the sheriff's office began training all deputies about the particulars of heroin and fentanyl, a painkiller about 100 times more potent than morphine that is typically cut into the county's heroin supply, making it more deadly.

The training -- a sort of "Heroin 101" -- takes about 15 to 20 minutes, Shear said. It talks about how to identify certain drug users and simple ways to try to offer help, such as giving out a Your Life Matters card that lists places and contact information where addicts can get help.

"We're not focused on arresting users," Shear said. "We're focused on traffickers."

Bradenton Police Chief Michael Radzilowski said he hasn't taken similar steps at his department, but that the problem is constantly being talked about in-house. He also makes sure his officers are aware of the Good Samaritan law, which prevents users from being arrested if they call 911 for medical help, such as during an overdose.

Though they do focus on arresting traffickers and confiscating illegal drugs, Radzilowski said he believes the key is getting more treatment options for addicts.

"We'll never be able to arrest this problem away," he said. "I've dealt with this problem for 45 years, ever since I was back in D.C., and arresting your way out of it just doesn't work."

Shear agreed increased treatment in the community needs emphasis as well, and eliminating traffickers is an essential part of solving the epidemic, even though a lot of the work isn't seen by the public.

Shear said he couldn't go into too many details because of ongoing investigations, but typically law enforcement has to work undercover for months to identify mid-level heroin dealers.

"It takes time. It takes undercover work," Shear said. "And when you build a rapport and you get yourself within some of these organizations you can work your way up, and, as we call it, cut off the head of the snake, which is the primary source of the heroin that's coming into our county and the Tampa Bay region."

The heroin-fentanyl product in Manatee County is mostly out of South America and Mexico, Shear said, and while about 5,000 trucks cross the U.S.-Mexico border every day, only about 5 percent are checked. The mixed product is seen as more desirable by many addicts because it's stronger. Shear said their intelligence indicates places in China and Mexico mass produce fentanyl to mix with heroin.

Shear said authorities are having success with their work so far, and are hoping to be able to share more results with the public soon. Regardless, law enforcement is constantly working on ways to tackle the heroin problem such as filing murder charges, he said.

"This isn't a nonviolent crime. You're not just affecting that person who has overdosed, but that person's family," Shear said. "And it just has a terrible effect on our society."

Kate Irby, Herald online/political reporter, can be reached at 941-745-7055. You can follow her on Twitter @KateIrby

This story was originally published September 6, 2015 at 12:00 AM with the headline "Manatee law enforcement looking into murder charges for heroin dealers."