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Arizona bill that would charge fentanyl dealers with murder heads to the House

Drug traffickers and dealers could be charged with first-degree murder if their sales led to death.
white pills and tablets
Posted at 10:33 PM, Mar 15, 2023
and last updated 2023-03-16 01:33:34-04

TUCSON, Ariz. (KGUN) — A bill in the Arizona legislature intends to charge drug traffickers or dealers with first-degree murder if a person they sell to dies from fentanyl.

On a daily basis, carrying around Narcan or Naloxone might not be in your bag of essentials but for one Tucson mom, it is.

Theresa Guerrero has a mission to educate the community about the dangers of fentanyl and advocating for change.

“From your son, ‘have a blessed mother’s day’,” said Guerrero.

Reading the last card from her son and reminiscing on old pictures, Guerrero is one of thousands who have lost a loved one to fentanyl.

“I looked up in the sky and I started crying and just begging God to not let him pass away. I've never gotten anywhere faster as I did that day,” Guerrero said.

Guerrero’s son, Jacob, passed away in May of 2020.

She said he was using cocaine that was laced with fentanyl.

“It's not overdose. We don't as parents call it an overdose, we call it drug induced homicide, fentanyl poisoning. It is a weapon of mass destruction,” said Guerrero.

Guerrero believes Arizona’s laws need to be stricter when it comes to the deadly drug.

“Not enough is being done. I mean, it's an epidemic,” Guerrero said.

One bill in the Arizona legislature intends to criminalize those drug trafficking or dealing fentanyl.

“If your pills are tied to someone's death, it will be a class one felony,” said Sen. Anthony Kern, R-Glendale, who is sponsoring the bill.

Tucson Police said they work on these types of cases like a homicide investigation.

“In the event we’re able to prove those connections, then we charge accordingly the traditional drug trafficking charges that you would see in a typical sales case but in overdose incidents that result in death, if we can prove those connections, more serious offenses like manslaughter,” said Lieutenant Justin Lane, from TPD’s Counter Narcotics Alliance.

As the bill heads to the house for a vote, Guerrero advocates for more accountability.

“It’s just sad,” she said.

She hopes other moms don’t have to receive the last Mother’s Day card from their child who is just 31-years-old.

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Faith Abercrombie is a reporter for KGUN 9. Before coming to KGUN, Faith worked as a videographer for the Phoenix Children's Hospital Foundation and as a reporter and producer on the youth suicide documentary, "Life is..." on Arizona PBS.
Share your story ideas with Faith by emailing faith.abercrombie@kgun9.com or by connecting on Facebook, or Twitter.