May 8, 2008

Murder indictments are rare for selling drugs that cause a fatal overdose but local legal experts say it is possible for prosecutors to make a case for murder even if the suspects didn't intend to kill.

"So the notion being that when they distributed this drug to her they had no intention to kill her but they were aware that she was going to ingest the drug and take it by some means and in do so there was a grave risk she would die," said Ann Coughlin, a UVa Professor of Law.

In the case of the Louisa County mother of twins who died at her own hands from chewing a fentanyl pain patch trying to get high, the men who allegedly gave her the drug could be found guilty of murder if they knew fentanyl had the power to kill. " If they had the reason to know and did know there was a risk this person was going to die," said Coughlin.

Fentanyl is 80 times more powerful than morphine and often prescribed for cancer patients but hundreds of people across the country have died from od-ing on the drug. And Glenn Minster and Randy Taylor of Louisa are not the first alleged drug dealers to be tried for murder, in other states some have been convicted and some have had the charges thrown out.

"It's likely the murder charges won't stick but they could and as I said this is a somewhat novel theory," said Coughlin.