A drug dealer, David Michael Busse of Temecula, received a 210-month prison sentence for supplying fentanyl that led to the fatal overdose of a 35-year-old man, Brook W. Jacoby, on May 20, 2021. Busse's accomplices, drug couriers Roger Bionogers Santiago of Valley Center and Vanessa Lanae Lathan of Spring Valley, were sentenced to 78 and 68 months in prison, respectively, for their roles in delivering the deadly dose of fentanyl. According to the U.S. Attorney's Office, this case highlights the grim consequences of the fentanyl epidemic and the determination of law enforcement agencies to prosecute those involved in selling this deadly substance.
During sentencing, Judge Bashant commented on Busse's prior history of drug dealing and how he "knew the dangers of fentanyl," acknowledging that this outcome “was just a matter of time.” Jacoby, the victim, had been engaged for five days and had a daughter. Described by one of his siblings as a "beautiful and selfless soul," Jacoby was training for an upcoming triathlon and had a high-performing sales job that seemed promising.
Law enforcement found Jacoby's lifeless body at his San Diego apartment, with drug paraphernalia beside him. An examination of his phone revealed text messages between Busse and the victim regarding the sale of the fentanyl. In these texts, Jacoby, who said he had been clean for some months, asked Busse if taking an "extremely small amount" of the drug would be okay, expressing clear trepidation about using the powerful drug. Busse responded by asking if Jacoby had Narcan, an overdose reversal drug, on hand "just in case."
Further investigation showed that Busse recognized the potency of the fentanyl he was selling. He shared screenshots of conversations with another customer, who described the drug as extremely strong and even temporarily vision-impairing. Advertising the fentanyl on the “Offer Up” app, Busse's criminal history involving drugs dates back to 2009.
As part of their plea agreements, Busse admitted to selling the fatal drug dose and being involved in a fentanyl distribution conspiracy of 40 grams or more. Both Lathan and Santiago, who were themselves customers of Busse, admitted that they transported and distributed fentanyl they had obtained from Busse to the victim in exchange for additional fentanyl or other limited compensation.
Andrew Haden, Acting U.S. Attorney, expressed that "this defendant recognized the potential - if not inevitable - consequences of continuing to deal this deadly drug.” In light of the tragic end that fentanyl brought to Jacoby and his family, he stressed, “we will continue to prosecute these cases in the hope of sparing another family this tragic consequence." The DEA Special Agent in Charge, Shelly Howe, also underscored that this case serves as a reminder that drug dealing is not a victimless crime, and efforts to seek justice for victims will persist.
The U.S. Attorney's Office, the San Diego County District Attorney's Office, and the Drug Enforcement Administration (DEA) continue to collaborate in their efforts to investigate and prosecute cases involving the distribution of dangerous illegal drugs, with a particular focus on fentanyl-caused overdose deaths. In response to a surge in overdose fatalities in San Diego County, the DEA established the Overdose Response Team, which played a critical role in investigating Jacoby’s death.
