Friend supplied drugs to another friend, who OD'd and died.

[phoenixflyer]

Maricopa County, Phoenix, Arizona

One of my friends gave liquid Methadone to several other friends last night while they were hanging out. One of them died of an overdose, and was found this morning. The one who supplied the Methadone is already on probation for drug dealing/money laundering. Everyone else that was there last night seems eager to point the finger at friend who supplied the drug. Is he looking at big trouble, jail time? Maybe manslaughter, or even 2nd degree murder? All parties involved are over the age of 21.

 

[Antigone*]

Maricopa County, Phoenix, Arizona

One of my friends gave liquid Methadone to several other friends last night while they were hanging out. One of them died of an overdose, and was found this morning. The one who supplied the Methadone is already on probation for drug dealing/money laundering. Everyone else that was there last night seems eager to point the finger at friend who supplied the drug. Is he looking at big trouble, jail time? Maybe manslaughter, or even 2nd degree murder? All parties involved are over the age of 21.

That loser and murderer needs to speak to an attorney. He could be looking at some very serious charges.

 

[phoenixflyer]

That loser and murderer needs to speak to an attorney. He could be looking at some very serious charges.

I guess "friend" wasn't the right term for him. Ex-friend. Stopped talking to him when he started doing opiates. Although he is a loser, I would stop short of calling him a murderer. He didn't force the drugs into the other guy. Thanks for the useless advice though, even if you had a condescending/jerk/dumb tone to it.

 

[tranquility]

I agree. Manslaughter at the very least. Depending on the jurisdiction, very possibly second degree murder with malicious intent delivered by abandoned heart. (In some jurisdictions, it could be first degree murder under the felony-murder rule.) Attorney time.

 

[Antigone*]

Thanks for the useless advice though, even if you had a **** tone to it.

Verbiage like that sir will get you banned!!! I suggest you edit your post.

btw...my advice was right on

 

[phoenixflyer]

btw...my advice was right on

Obviously the first thing for him to do is call a lawyer. I hardly consider that advice. I was more looking for help from someone with knowledge to tell me if there is a statue to prosecute him under for this specific situation.

 

[Antigone*]

Obviously the first thing for him to do is call a lawyer. I hardly consider that advice. I was more looking for help from someone with knowledge to tell me if there is a statue to prosecute him under for this specific situation.

That is not what you asked. You asked this:

Is he looking at big trouble, jail time? Maybe manslaughter, or even 2nd degree murder?

Again...I answered accurately

 

[Isis1]

OP, if you want to know the max your drug dealer can get, then ask THAT question.

 

[phoenixflyer]

That is not what you asked. You asked this:



Again...I answered accurately

Ok, I'm sorry for not being clear and causing confusion. Also sorry for my improper language. What I'm trying to ask is this...

Is there a law that allows him to be prosecuted for 2nd degree murder/manslaughter?

Whether you want to call it a statute, or a law, I just want to know if he can be charged with a crime, other than supplying the drugs. Something directly related to causing the death.

And I would appreciate an answer without calling him a murderer. I have 2 friends whose lives have been drastically changed this morning. I just want to get a simple answer as to if he can be held responsible for the death.

 

[Alex23]

Your friend isn't Dr. Conrad Murray, by any chance, is he?

 

[justalayman]

Your friend isn't Dr. Conrad Murray, by any chance, is he?

very funny alex, sick, but funny.

well PF, try these on for size:

13-1102. Negligent homicide; classification

A. A person commits negligent homicide if with criminal negligence the person causes the death of another person, including an unborn child.

B. An offense under this section applies to an unborn child in the womb at any stage of its development. A person may not be prosecuted under this section if any of the following applies:

1. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman's behalf, has been obtained or for which the consent was implied or authorized by law.

2. The person was performing medical treatment on the pregnant woman or the pregnant woman's unborn child.

3. The person was the unborn child's mother.

C. Negligent homicide is a class 4 felony.

13-1103. Manslaughter; classification

A. A person commits manslaughter by:

1. Recklessly causing the death of another person; or

2. Committing second degree murder as defined in section 13-1104, subsection A upon a sudden quarrel or heat of passion resulting from adequate provocation by the victim; or

3. Intentionally aiding another to commit suicide; or

4. Committing second degree murder as defined in section 13-1104, subsection A, paragraph 3, while being coerced to do so by the use or threatened immediate use of unlawful deadly physical force upon such person or a third person which a reasonable person in his situation would have been unable to resist; or

5. Knowingly or recklessly causing the death of an unborn child by any physical injury to the mother.

B. An offense under subsection A, paragraph 5 of this section applies to an unborn child in the womb at any stage of its development. A person shall not be prosecuted under subsection A, paragraph 5 of this section if any of the following applies:

1. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman's behalf, has been obtained or for which the consent was implied or authorized by law.

2. The person was performing medical treatment on the pregnant woman or the pregnant woman's unborn child.

3. The person was the unborn child's mother.

C. Manslaughter is a class 2 felony.

13-1104. Second degree murder; classification

A. A person commits second degree murder if without premeditation:

1. The person intentionally causes the death of another person, including an unborn child or, as a result of intentionally causing the death of another person, causes the death of an unborn child; or

2. Knowing that the person's conduct will cause death or serious physical injury, the person causes the death of another person, including an unborn child or, as a result of knowingly causing the death of another person, causes the death of an unborn child; or

3. Under circumstances manifesting extreme indifference to human life, the person recklessly engages in conduct that creates a grave risk of death and thereby causes the death of another person, including an unborn child or, as a result of recklessly causing the death of another person, causes the death of an unborn child.

B. An offense under this section applies to an unborn child in the womb at any stage of its development. A person may not be prosecuted under this section if any of the following applies:

1. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman's behalf, has been obtained or for which the consent was implied or authorized by law.

2. The person was performing medical treatment on the pregnant woman or the pregnant woman's unborn child.

3. The person was the unborn child's mother.

C. Second degree murder is a class 1 felony and is punishable as provided by section 13-705 if the victim is under fifteen years of age or is an unborn child, section 13-706, subsection A or section 13-710

.

13-1105. First degree murder; classification

A. A person commits first degree murder if:

1. Intending or knowing that the person's conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation or, as a result of causing the death of another person with premeditation, causes the death of an unborn child.

2. Acting either alone or with one or more other persons the person commits or attempts to commit sexual conduct with a minor under section 13-1405, sexual assault under section 13-1406, molestation of a child under section 13-1410, terrorism under section 13-2308.01, marijuana offenses under section 13-3405, subsection A, paragraph 4, dangerous drug offenses under section 13-3407, subsection A, paragraphs 4 and 7, narcotics offenses under section 13-3408, subsection A, paragraph 7 that equal or exceed the statutory threshold amount for each offense or combination of offenses, involving or using minors in drug offenses under section 13-3409, kidnapping under section 13-1304, burglary under section 13-1506, 13-1507 or 13-1508, arson under section 13-1703 or 13-1704, robbery under section 13-1902, 13-1903 or 13-1904, escape under section 13-2503 or 13-2504, child abuse under section 13-3623, subsection A, paragraph 1 or unlawful flight from a pursuing law enforcement vehicle under section 28-622.01 and, in the course of and in furtherance of the offense or immediate flight from the offense, the person or another person causes the death of any person.

3. Intending or knowing that the person's conduct will cause death to a law enforcement officer, the person causes the death of a law enforcement officer who is in the line of duty.

B. Homicide, as prescribed in subsection A, paragraph 2 of this section, requires no specific mental state other than what is required for the commission of any of the enumerated felonies.

C. An offense under subsection A, paragraph 1 of this section applies to an unborn child in the womb at any stage of its development. A person shall not be prosecuted under subsection A, paragraph 1 of this section if any of the following applies:

1. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman's behalf, has been obtained or for which the consent was implied or authorized by law.

2. The person was performing medical treatment on the pregnant woman or the pregnant woman's unborn child.

3. The person was the unborn child's mother.

D. First degree murder is a class 1 felony and is punishable by death or life imprisonment as provided by sections 13-751 and 13-752.

well, it looks like anything short of 1st degree murder is on the table.


Time for a really serious lawyer.

 

[Isis1]

Your friend isn't Dr. Conrad Murray, by any chance, is he?

ouch! i actually snorted so hard it hurt. that was just SO wrong.

 

[tranquility]

While I didn't do the case law research, Justalayman, are you saying the felony murder rule would not apply to the sale of narcotics to a person who died from their ingestion? I'm not saying they would, it's just that in a number of states, it would.

 

[justalayman]

I did state the OP's friend appears to be liable for murder. Arizona statute specifically provides for it as I see it. I bolded germane sections in my last post.

I cannot see it being elevated to 1st degree simply due to the fact that 1st degree requires the premiditation (intent) to cause the persons death. I just do not see any way to get anything charged greater than 2nd degree.

was there something I missed?

 

[tranquility]

The felony murder rule.

(Which may not apply to the sale of narcotics. [Although, in a number of states, it does.])

For Bar purposes, BARRMKSS. Burglary, Arson, Robbery, Rape, Mayhem, Kidnapping, Sodomy, Sexual Molestation. But, in reality, a Felony designed to prevent problems with a person, a person who falls under it and who is hurt by the felony. Mala in Se stuff.