A NEW WEAPON IN THE WAR ON DRUGS

It's probably not something drug dealers think about often - how their
illegal wares are used. After all, what do they care about the people
who buy and use the illegal substances they are peddling? What do they
care if their customers die?

It's something they may want to consider in the future - if it would
make any difference to them.

As Matt Busse of The News & Advance reported last week, drug dealers
whose customers die from an overdose could face felony murder charges.
Such a death, authorities say, turns the dealers into murderers based
on a legal doctrine called felony murder.

Felony murder means a person can be held responsible for another's
accidental death if it happens during the commission of a felony,
which would cover many illegal drug deals.

"What we do not have to show is that the death was intentional or
malicious," said Randy Krantz, Bedford County commonwealth's attorney.

It's an interesting concept that holds the potential for giving drug
dealers a good reason to reflect on the serious nature of the criminal
act in which they are involved.

Conviction on a felony second-degree murder charge carries penalties
of five to 40 years in prison and fines of up to $500,000. That's far
greater than the punishment prescribed for convictions in drug deals
that don't involve fatal overdoses.

Fatal drug overdoses in the past year in Bedford have led to the
conviction of one person and charges of second-degree felony murder
against two people. Krantz said more charges will be filed if more
overdoses occur.

A Goodview man pleaded guilty last October to felony second-degree
murder after selling methadone to a 19-year-old who overdosed and died.

A Bedford man has been indicted on a felony second-degree murder
charge in connection with the death of another Bedford man to whom he
sold cocaine.

To gain a felony murder conviction, as Busse explained, prosecutors
must prove a felony was committed and was directly linked to the
death. So if a drug user dies from an overdose or fatal reaction to
the drug, the person who sold the drug - a felonious act - becomes
responsible for the death.

Michael Doucette, Lynchburg's acting commonwealth's attorney,
explained it this way: "Any accidental killing that occurs during the
commission of a felony is subject to felony murder."

While the tougher potential penalties for dealers is a welcome weapon
in the war on drugs, this story ignores the irresponsibility of those
who buy and use illegal drugs. Left unsaid is the fact that they are
contributing significantly to the illegal drug trade because without
them there would be no market for the drug dealers.

For law enforcement, getting rid of that market has to be at least as
important as catching and locking up the drug dealers.