He gave his fiancée heroine she overdosed
does that make him a murderer?
By Marty Carlson
Flavia Cardenas died of a heroin overdose after celebrating her 19th birthday with her fiancé Jarret McCasland. Jarret ended up being arrested and prosecutors convinced the jury that he administered the fatal dose to his fiancée and was found guilty of second-degree murder. He was sentenced to life in prison with no chance of parole.
The recent upswing of heroin and opioids addictions recently has taken them to their highest levels in US history. Prosecutors have begun charging those who have supplied were even actually given the fatal dose, regardless of the relationship of the deceased.
The new aggressive charging system in these cases some people feel are in direct conflict with good Samaritan laws, which shields people from being charged if they called 911 when somebody is overdosing. This approach is also a contrast of the reset movement in this country to treat drug addiction as a disease in a public health crisis rather than criminal behavior.
Prosecutors from around the country have been using old war on drugs-era laws that can lead to providers and sellers to homicide charges or other stiff sentences that are comparable to shootings beatings are poisonings. There are currently about four states that are introducing bills to allow charges to be filed in drug overdose deaths.
The Atty. Gen. in New Hampshire is working with federal prosecutors to investigate all heroin overdose deaths as crimes instead of accidental deaths. In the most recent trend causing death is a crackdown on fentanyl, which last year cause more overdose deaths than heroine. The synthetic drug is far more dangerous than heroine and is often added to intensify the effect but to also cut costs to the dealers.
In Pennsylvania one County coroner’s office announced in March they would began naming heroin overdose deaths as homicides on death certificates. In addition, the federal government has begun upgrading its penalties for low-level dealers who provide the drugs that cause bodily harm or death.
David Hickton, a US attorney for the Western District of Pennsylvania feels that a person who supplies illegal drugs to another person that overdoses is committing an act of violence. Hickton was also selected to co-chair a national heroin task force by US attorney general Eric Holder. Hickton also added killing somebody buy drugs is no different than a person who shoot somebody with a gun.
The focus used to be to locate the upper level drug suppliers, and now the focus is the street level dealers.
The stronger criminal charges are being leveled even as more local police are being deployed as first aid workers as they are equipped with the antidote Naloxone, which restores breathing and often is given in time to save the life of an overdose victim. In Cincinnati a new program is started with drug addiction counselors on follow-up visits to the homes where police and emergency crews have responded to overdoses.
Made in the efforts to get users in the treatment instead of in jail is creating conflict with some of these new initiatives. And the clampdown on suppliers and dealers is a stark difference across different state lines on what constitutes behavior worthy of a murder charge. This is become necessary to the reset upswing in heroin addiction and overdoses in many areas of the country now.
One Sheriff’s Lieut. and Spotsylvania County Virginia was quoted as saying “right now we are at all just data kind of a loss.”
Some of the numbers being reported, show between 2011 and 2014 the number of overdose deaths from heroin in the United States went from about 4400 a year to over 10,000. This number was supplied by the national Institute on drug abuse.
In about 30 states there have been good Samaritan laws passed exempting drug users from prosecution for drug violations when they called 911 and stay and render aid to a friend who is suffering from an overdose, this figure is provided by the drug policy alliance. But the other states that have no such law, a 911 call can result in a murder charge. That is what happened to 39-year-old William Moore, of Spotsylvania County, after calling 911 after filing his wife unresponsive in their home.
More had admitted to deputies said he’d given his wife the drugs, even though she had injected the heroine herself, he was charged with felony murder authorities say more is an addict and a dealer, and has been charged with child endangerment because of two children ages two and 10 were home at the time. Law enforcement and acknowledges that more immediately and wasted no time in calling for help.
Law enforcement was quoted as saying he clearly wanted to render aid to his wife, he was cooperative, and there was nothing to indicate that he waited to clean up the area before calling.
Get them help I understand, but helping them shoot up is an idiot’s way of dealing with drug addicts, it’s fucking stupid. Just my opinion.
Some crime experts say the current crackdowns are reminiscent of some old thought processes from years ago. A philosophy professor at Rutgers University, claims slapping dealers would murder charges is not only misleading but excessive.
Police and prosecutors are saying heroines surging death toll has necessitated a need for tougher and more sophisticated approaches to dealing with the issues.
In addition, there been a lot of publicity given to people that want to give away needles to addicts, saying that protects them from sharing needles with others. But again you’re endorsing behavior that is not just illegal, but is degrading to individuals, their families, and society at large as it leads to more people being victimized by these addicts to pay for their drugs. And the longer they go on using drugs the more they need to victimize society as a cost increases constantly to get a high.