Is it Murder?

Day 1229.

Last night I found an article in The New Yorker from February 3 entitled The Wrong Way to Fight the Opioid Crisis.

It discusses the ins and outs of prosecuting people that are not drug dealers but other addicts who have given, sold or supplied the drugs that kill others.

It raises the question: Does the fear of prosecution make them more reluctant to call for help? Does prosecution do more harm than good? Does it help reduce overdoses?

Yes, The Samaritan Laws protect them if they call for help, but apparently, if the person dies and they can be proven to have supplied the fatal dose, The Samaritan Laws may be over ruled and the supplier can be prosecuted for murder or manslaughter.

Yes, the article discusses, a grieving parent may well feel the need to prosecute the supplier. A leading prosecutor admits “When parents ask us to do something, it’s hard to say no.”

Oh I get it, but as compelling as that is, it could easily have been the other way around, leaving Marlon dead and Luke alive.

It is clear from the texts in Luke’s phone that Marlon was supposed to be bringing ‘30s’ home.

Did he?

Were they not actually ‘30s’ but something Luke was not expecting?

Did Marlon bring home something else?

Did Luke know?

Was Luke dope sick and hurting?

Was Marlon just trying to help him out?

Is the tox report accurate? It stated heroin. Just heroin. The medical examiner told us that heroin is hard to catch as it metabolizes fast. The report showed he tested negative for Fentanyl. Does that metabolize fast too?

Does it really fucking matter?

Did Marlon fail to score and the boys drove off into the night to score what Marlon knew he could and it was heroin?

The excellent Netflix documentary The Pharmacist tells us that you can’t tell the difference between an Oxy and a heroin user. From Luke’s phone we know he was using a lot of Oxy, ‘30s’. But from the tox report we know that on this night, it was heroin.

Whatever actually happened, it is extremely likely that Marlon supplied the drugs that killed Luke.

I am sure Marlon did not force Luke to take them.

They were both complicit, wreckless.

I am sure Marlon did not mean to kill him.

Does that mean Marlon should go to jail for homicide? For manslaughter?

If I thought it would bring Luke back or help put an end to this opioid crisis in any way I’d lock him up in a heartbeat, but that would miss the point completely. What good would it possibly do?

This is a complex brain disorder, however you arrive at it, like so many other mental disorders, the rules of engagement are different.

But what I’d really love is the opportunity that a bereaved family in this article had, to talk to him about it. But so far, he won’t.

Maybe one day he will.

https://www.newyorker.com/magazine/2020/02/10/the-wrong-way-to-fight-the-opioid-crisis