The Daily Guide - Waynesville, MO
  • Murder prosecution in overdose death cases

  • Earlier this week, the Pulaski County Prosecutor filed murder in the second degree charges in the case of woman who overdosed and subsequently died of an alleged heroin overdose. 

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  • Prosecuting drug dealers for murder
    Earlier this week, the Pulaski County Prosecutor filed murder in the second degree charges in the case of woman who overdosed and subsequently died of an alleged heroin overdose. The man who allegedly provided her with the heroin, Joseph James Fraley, 32, of St. Robert, is facing one count of murder in the second degree, a Class A felony, and one count of distribution of a controlled substance, a class B felony.
    In the courts now
    The issue of whether the dealers or person who provided the drugs to a user are culpable for murder in overdose cases is a controversial issue being dealt with in courts all over the country.
    The most famous case of prosecuting in an overdose case in recent history was the prosecution of Michael Jackson’s doctor Conrad Murray who was convicted of involuntary man-slaughter and sentenced to four years in prison.
    What people are saying on Facebook
    Roy Jacobs: what about Fast Food companies that sell food that is bad for you and causes heart disease, high cholesterol, obesity. What about the cashier that sells a 48oz soda and the person dies from a diabetic seizure?
    James Beasley: I guess when fast food and soda become illegal, I'll support prosecuting those folks also. Since it is currently a felony to distribute drugs and state law indicates if some dies as a result of that felony, it is murder, I'm ok with it.
    Karin Gan: I agree that the penalties need to be high for dealers of illegal drugs, etc... and for their part in the death of a customer. But, I also believe the user / taker / victim also holds responsibility for their action. We're not talking about a minor or child that doesn't understand the ramifications or hasn't been around enough to hear these same type of stories on the news for years. And from the sound, probably also had friends that have had close calls also. Unless forced to take the drugs unwillingly, only partial responsibility for the death goes to the dealer.
    Melissa Rowlett-Stallings: It's their own choice to use, so why prosecute for that reason. I do believe that drug dealers should be prosecuted for selling them but not for the deaths it causes. As adults, we choose what we do. Same with fast food places and soda and whatever else is bad for us. If we choose to do these things, we should be held accountable for what happens to us, no one else. We know the outcome of what we are doing. Soon everyone will be suing all businesses for selling something that's not good for us. But yes punish the drug dealers for simply selling it, that's it.
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    Nina Behrick: Can't say I agree. Guess we will start prosecuting car dealers because someone drives too fast/drunk and kills someone in an accident or gun dealers because a gun killed someone or even better (glib) prosecute the legal gun owner whose gun was stolen and used in a crime. Drug dealers should be arrested because they are selling an illegal substance, NO ONE makes the druggie go buy it and then overindulge-that is a choice they made the first time they used. Bottom line-the individual is responsible for what they put in their body.
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