Pennsylvania has seen a huge increase in charges for drug delivery resulting in death, leading to a five-year high for this felony.
According to recently released information from Pennsylvania Courts Infoshare, the number of people who were charged for this felony activity increased 1,267 percent from 2013 to 2017. This puts the charge at a five-year high for citations and means the state of Pennsylvania is seriously pursuing the persons responsible for deaths due to their distribution of controlled or illegal substances.
McKean County saw its first charge for the crime in 2017, while Potter County has had one such charge in three of the last four years.
According to Title 18, Chapter 25, Section 2506 of Pennsylvania law, the charge is a felony of the first degree if “the person intentionally administers, dispenses, delivers, gives, prescribes, sells or distributes any controlled substance or counterfeit controlled substance and another person dies as a result.”
Total drug delivery resulting in death charges in the state for 2013 were 15; 2014 saw 49 charges; 2015 ended with 54 charges filed. The charge started to gain ground in 2016, however, with 89 charges filed, while for 2017, the total was more than double that of the previous year at 205.
Of those charged in this five-year period, 77 percent were male and 23 percent were female. McKean County had three such charges in 2017, which were 0.73 percent of total charges in the state, while Potter County had a single charge in 2014, one in 2016 and one in 2017, which also accounts for 0.73 percent of total charges in the state.
“This particular charge is only one that can be filed against someone who has delivered a controlled substance illegally and someone has died as a result of using that controlled substance, but it is the one which carries the highest penalty,” explained McKean County District Attorney Stephanie Vettenburg-Shaffer. “McKean County recently saw its first conviction with the charge. That case involved the drug fentanyl. The charge does not require the person to intend to cause the death, just that he intended to deliver the substance illegally.”
Shaffer went on to discuss drug trends in the state of Pennsylvania and the way this impacts the drug delivery resulting in death charges for criminals.
“The drug trends change every couple of years — from cocaine and pills to heroin (including fentanyl–laced heroin) and, most recently methamphetamine,” Shaffer said. “All of these drugs are controlled substances under Pennsylvania law and, if someone gives such a substance to another person and that person dies, a charge of drug delivery resulting in death will likely be filed. Other charges could include involuntary manslaughter, aggravated assault, recklessly endangering another person and delivery of a controlled substance.
“Frequently, people who deliver drugs do so in concert with other people or ‘conspirators.’ These conspirators are criminally responsible to the same extent,” the prosecutor continued. “This is helpful for prosecutions because the higher-level dealers should no longer feel safe from prosecution by having a lower-level dealer actually deliver the drug. They are both equally responsible and will be charged if we can prove the crime beyond a reasonable doubt.”
Shaffer said changes in the law, and in techniques used in law enforcement, have helped with prosecutions.
“We used to hear the phrase ‘recreational drug use,’” Shaffer noted. “I don’t think this terminology should exist anymore. Any one drug can kill the user the first time as many families in McKean County have experienced.”
Both McKean and Potter counties are low on the list in terms of charges for this crime. Meanwhile, Elk County has filed its first cases of this charge in 2018.
Counties with highest percentage of delivery results in death crime included York County with 10 percent of the 205 total charges, Lancaster with 9 percent and Dauphin County with 8 percent.
The most pressing concern for McKean County agencies is currently the production of methamphetamine.
“McKean County law enforcement cooperates with each other and other agencies such as the PA Attorney General’s Office to investigate the latest rash of methamphetamine manufacturing cases in our county. In the last month, we have had several cases with meth,” Shaffer said. “Methamphetamine is an extremely dangerous drug to ingest and its dangerousness is compounded by its volatile construction.”
She warned of the dangers inherent in the making of meth, too.
“Methamphetamine manufacturing is dangerous to neighboring houses and officers frequently see melted or burned debris at the location of a ‘meth lab.’ A ‘meth lab’ is often a very minimal operation, often in a house or vehicle but even such a setup is highly explosive,” she said.
Shaffer noted that McKean County Drug Task Force officers are acting on tips on a daily basis. Area residents who have information on illegal drug activity to continue to report it to the McKean County Drug Task Force at the District Attorney’s Office at 887-3312 or mcdtftip@gmail.com.