2 charged under new law in Burke County overdose death
WAYNESBORO, Ga. (WRDW/WAGT) - Two people have been arrested and charged under new fentanyl overdose law after a recent overdose death, according to the Burke County Sheriff’s Office.
Charlie Wren Daniel, 43, and John Ryan Phillips, 32, both of Waynesboro, have both been charged with aggravated involuntary manslaughter causing fentanyl death. That’s a charge under the newly enacted “Austin’s Law” after an investigation into John Paul Cates’ death.
“Austin’s Law,” was signed into effect by Gov. Brian Kemp on April 30. Named in memory of Austin Walters, a victim of a fentanyl overdose, the law establishes felony charges for individuals who unintentionally cause the death of another by knowingly manufacturing or distributing substances containing fentanyl, misrepresenting them as controlled substances.
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The suspicious circumstances surrounding John Paul Cates’ death prompted an investigation that resulted in the arrest and subsequent charges against Daniel and Phillips, according to deputies.
In addition to their alleged involvement in Cates’ death, both individuals face further charges of drug possession and distribution, deputies said.
“Through imposing severe penalties on those complicit in fentanyl-related overdoses, the law aims to curb the alarming rise in opioid-related fatalities and safeguard communities statewide,” the Burke County Sheriff’s Office said in a statement.
According to his obituary, Cates, 36, died May 28 and was buried Monday.
An incident report from the Burke County Sheriff’s Office shows Cates was found in his home on Pine Needle Road, dead of an apparent overdose. According to the investigation, there was evidence of methamphetamine, cocaine and opioid use, the incident report indicates.
In addition to the aggravated involuntary manslaughter charge, deputies said Daniel is charged with possession of methamphetamine with intent to distribute; four counts of possession of a Schedule II drug with intent to distribute (fentanyl, hydrocodone 10 mg, amphetamine/dextromethamphetamine 30 mg and hydrocodone 5 mg); and one count of possession of a Schedule IV drug with intent to distribute (alprazolam 1 mg).
Austin’s Law requires that the person providing the drugs “intentionally manufacture, deliver, distribute or sell a substance that is a controlled substance, counterfeit substance, or imitation controlled substance.”
The bill states that the defendant’s knowledge of the chemical identity should not be an essential element of the offense. It states the state has no burden to prove the alleged drug dealer knew the chemical identity, either.
The punishment for these new offenses is a felony with a prison sentence of 10 to 30 years, which could not be merged with any other offense.
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