FAMILIES OF OVERDOSE VICTIMS SEEK LAWS TO PUNISH DEALERS

After her younger brother accidentally overdosed on drugs in October,
Crystal Lewis was left facing not only life without her sibling, but the
grim reality her brother's actions helped seal his own fate.

Two years younger than Lewis, Nicholas S. Murray, 24, was fun-loving and
passionate about life, Lewis said.

And while he did illegally use prescription drugs, he paid for his mistake
with his life, Lewis said.

But she also said her brother isn't the only who should face consequences in
connection with his overdose.

So this week, Lewis is circulating a petition in the hope of convincing
legislators to change state law to make it more likely drug dealers face
consequences when users die.

A petition-signing event is planned for 5:30 p.m. Thursday at Capt'n Bill's
Backyard Grill off Market Street. The event is also to remember people who
have died from overdoses, Lewis said.

The problem

During the past five years an average of 768 people died in North Carolina
each year as a result of accidental drug overdoses, according to statistics
from the N.C. State Center for Health Statistics Web site.

New Hanover County averaged 23 deaths per year during that period. Brunswick
County averaged 12 deaths and Pender County, two, according to the center's
Web site.

Lewis isn't the only relative of a young overdose victim who says drug
dealers should face consequences when users overdose on their product.

John McIntosh, whose 21-year-old daughter Renee Guinn overdosed in November,
has said if someone gave his daughter drugs, they should be prosecuted
criminally in connection with her death. Guinn overdosed at the home of a
man who was on bond while awaiting trial on allegations of heroin dealing,
according to an incident report filed with the New Hanover County Sheriff's
Office.

Keith Thompson of Wilmington, whose daughter Blaire overdosed in 2004, said
relatives of overdose victims expect criminal charges to follow the deaths,
and too often, they're disappointed.

"When your child is dead, if they had a gunshot wound or a knife in their
back, the police would look into what happened to them," Thompson said. But
if the investigation reveals the victim took drugs, Thompson said, the case
is closed.

In 2006, Thompson supported a Drug Dealer Liability Act, which would have
allowed families of overdose victims to sue drug dealers who sold in the
area where the overdose occurred.

The measure wasn't supported in the General Assembly, Thompson said.

Part of the problem with holding dealers accountable, he says, is North
Carolina's rule of contributory negligence - meaning that if a person
contributes to their own injury, they can't seek damages from another person
who may also have been at fault.

With her petition, Lewis seeks to rid North Carolina law of contributory
negligence. But Lewis, 27, also said she hopes the petition draws attention
to overdose cases and encourages more criminal prosecutions.

"People don't have compassion for people with drug dependencies," she said.
"It has to happen to you before you take it seriously, and it's sad."

Proof problems

New Hanover Assistant District Attorney Jon David said fatal drug overdoses
send a message out to addicts that a particular dealer is selling potent
drugs.

So investigators respond quickly to overdoses, he said, to arrest the
dealer, get the drugs off the street and prevent more deaths.

But while state law technically allows dealers, in certain cases, to be
prosecuted for second-degree murder in connection with an overdose, making
the charge stick in court is a tough proposition.

Witnesses to overdoses are usually breaking the law themselves, David said,
and so rarely cooperate with police. Also, it's difficult to prove the
dealer intended to hurt the user.

But the biggest problem, David said, is convincing a jury the dealer is at
fault when users choose to take drugs which they know are dangerous and
illegal.

Authorities know users are acting on an addiction, David said, and they aim
to prosecute the drug dealers who make money off users by prosecuting them
for drug dealing. But that doesn't mean prosecutors can convince a jury that
the user isn't the one who is ultimately responsible for his or her death.

"Our obligation is to prosecute cases we can prove beyond a reasonable doubt
to a jury," David said. "These cases are notoriously mission impossible."

Still, David said both violent crime and narcotics investigators respond to
overdoses.

On Oct. 3, Murray and his girlfriend, Malissa R. Hurlburt, 26, were found in
their Wilmington apartment, both dead of an accidental overdose, according
to Detective K.J. Tully, who investigates violent crimes and deaths for the
Wilmington Police Department.

There were no witnesses. Police found opiate-based painkillers, some of them
legally prescribed to Hurlburt. Some prescription bottles were empty even
though the prescriptions had been recently filled, Tully said.

Toxicology tests showed Murray and Hurlburt died after combining
opiate-based painkillers oxymorphone and hydrocodone with illegally obtained
methadone, Tully said.

Illegal use of opiate-based painkillers is a big problem in Wilmington, he
said, and overdoses are common.

"If you mix it with methadone," he said. "It's a recipe for disaster."

Mixing drugs obtained from different sources also complicates an
investigation. In those cases, the cause of the overdose isn't a specific
drug from a specific dealer, but rather the user's decision to combine them,
Tully said.

Some cases prosecuted

U.S. Attorney Rod Rosenstein of Maryland has prosecuted one drug dealer with
conspiracy to distribute controlled substances, which resulted in death - a
conviction punishable by 20 years to life in prison. The defendant was
illegally selling prescription drugs, including methadone and various brands
of oxycodone and hydrocodone, according to a statement from Rosenstein's
office.

Rosenstein said his office also is considering charges against several other
suspected dealers in connection with overdoses.

The cases are tough, he said, because authorities must show what drug caused
an overdose and also who supplied it.

Since many users take multiple drugs, bought from multiple dealers,
connecting the overdose to one specific dealer is a challenge. Also, drug
deals don't leave a paper trail, so connecting the dealer to his product is
difficult.

Despite the challenges, Rosenstein said if overdose cases are investigated
like murders, more could be prosecuted and more drug dealers could receive
longer sentences.

Authorities in North Carolina also are using state law to prosecute
defendants they say helped cause an overdose.

In December, Alamance County sheriff's deputies charged two women in
connection with the death of a 24-year-old woman who overdosed on heroin,
according to Randy Jones, public information officer for the sheriff's
office.

Authorities allege the two defendants gave the victim heroin and helped her
take it, Jones said. After receiving information from the public, deputies
investigated and eventually charged the women with involuntary
manslaughter - alleging they committed an illegal act, which unintentionally
resulted in death.

Like Rosenstein, Jones said each drug overdose case is different, but all
are tough to trace back to a dealer and not every investigation results in
criminal charges.

But the agency, he said, investigates "every unattended death and handles
them all as if they're a homicide, until we know different," Jones said. "We
have to - you don't get a second chance."