A fentanyl overdose that killed a 20-year-old Kyle man has now turned into a murder case, with two Central Texas men facing some of the heaviest charges on the books.
Kyle police say officers were called to a private residence on Feb. 22, where they found the man unresponsive. He was pronounced dead at the scene. In his bedroom, investigators say they recovered a white, powdery substance that initial testing indicated was fentanyl.
Aaron Jones, 27, of Austin, was identified by investigators as the alleged supplier and charged with murder. Julian Escamilla, 23, of Lockhart, was charged with murder and manufacture and delivery of a controlled substance, according to WOAI.
"Fentanyl is a dangerous drug that continues to take lives far too soon," Kyle Police Chief Jeff Barnett said. Police say both men were taken into custody with help from the Drug Enforcement Administration and partnering agencies.
Charges and the law
Under Texas law, prosecutors do not have to stop at basic drug charges when a delivery leads to a death. Texas Health and Safety Code §481.141 allows the punishment for certain manufacture or delivery offenses to be bumped up by one degree if a jury finds that the substance a defendant provided caused a death or serious bodily injury. Texas Penal Code §19.02 defines murder as intentionally or knowingly causing the death of an individual.
A conviction for a first-degree felony in Texas generally carries a possible sentence of five to 99 years or life in prison. For the statutory language, see the Texas Legislature on Health and Safety Code §481.141, the Texas Legislature on Penal Code §19.02, and the punishment range summarized at FindLaw.
What investigators say
Kyle police say the white powder seized from the victim's bedroom tested positive for fentanyl and that the medical examiner reported presumptive positive results for fentanyl in the victim's system, according to WOAI. The department says the investigation is still underway as prosecutors review the case and consider how to proceed on the charges.
Where this fits locally
Across Central Texas, prosecutors have increasingly turned to murder counts or enhanced drug charges when they believe fentanyl supplied by a defendant led to a fatal overdose, a pattern that has shown up in other recent regional cases. For background on similar prosecutions, see reporting by KSAT.
Both defendants are presumed innocent unless and until they are proven guilty in court. Kyle police have not released additional details about the victim, and officials say they remain committed to investigating overdose deaths and holding those they believe are responsible to account.
