TOUGHER MEASURES ON FENTANYL DEALERS URGED

Proposed state bills would expose some dealers to 2nd-degree murder charges

Riverside County District Attorney Mike Hestrin on Feb. 28 joined the father of a college student who died from fentanyl poisoning, along with a federal law enforcement official, in calling on the state Legislature to pass laws that would mandate warnings to drug suppliers that they could face murder charges if what they sell kills someone.

“We want to tell our lawmakers, the governor — help us,” Hestrin said. “Help the people of our state. Pass the laws that give us the tools to protect our citizens. It’s as simple as that.”

Hestrin, Druginducedhomicide.com founder Matt Capelouto of Temecula and Drug Enforcement Administration Special Agent Bill Bodner held a news briefing at the DA’S headquarters in downtown Riverside to appeal to the Legislature to give consideration to Senate Bill 44, authored by Sen. Tom Umberg, D-anaheim, and SB 13, authored by Sen. Rosilicie Ochoa Bogh, R-beaumont, which are nearly identical.

The proposals would mandate advisements to drug dealers, stating they understand upon conviction of dealing controlled substances that they could be prosecuted for seconddegree murder if the products they distribute in the future cause a person’s death.

The advisement would be on par with Watson warnings that individuals convicted of driving under the influence must sign upon conviction of a DUI.

“No laws are in place to ensure dealers will be held accountable. They don’t exist (in California),” Capelouto said. “(SB 13 and SB 44) will save lives in our state and in our communities.”

SB 13 is known as “Alexandra’s Law,” in memory of Capelouto’s daughter. It and SB 44 are under review by the Senate Committee on Public Safety.

“The committee has an opportunity to save lives,” Capelouto said. “They can lead the way and take a step toward protecting thousands of Californians. If not, more will die, with zero accountability from the person who killed them. That’s not acceptable to me, and it shouldn’t be acceptable to any Californian who cares about the safety of our community.”

Bodner said the DEA has investigated cases “where a single drug dealer poisoned or killed multiple victims in the span of a couple of days.”

“The DEA will continue to work with local law enforcement agencies to ensure those lost to fentanyl have a voice,” he said.

On Feb. 27, the man who sold the fentanyl-laced pills that killed Capelouto’s 20-year-old daughter in December 2019, 24-year-old Brandon Michael Mcdowell of Riverside, was sentenced to nine years in federal prison after pleading guilty to possession with intent to distribute fentanyl.

“The drug dealer responsible for deceiving my daughter to death by selling her a counterfeit Oxycodone pill faced 20 years behind bars,” Capelouto said. “U.S. District Judge Jesus Bernal believed the defendant was not fully aware of the dangers of the drug he was selling. The evidence clearly showed otherwise. We were disappointed in the sentence, but still grateful.”