Oklahoma Co. DA Issues New Guidelines For Fentanyl-Related Death Charges

The Oklahoma County District Attorney introduced new guidelines for charging someone in connection with a deadly overdose. People who share fentanyl with no intention of harm will be charged with first-degree manslaughter.   

Before these new guidelines, people could be charged with murder if they shared fentanyl with a person who overdoses and dies. The Oklahoma County District Attorney’s Office said they’re changing their approach because of what they know about addiction.  

Oklahoma County District Attorney Vicki Behenna said her office is changing the way it pursues charges related to overdose deaths.   

“Obviously we’re seeing overdose cases in the office,” Behenna said. “We’re not gonna have any bright line rules when we know that it’s user and user -- addict and addict.”

“If we don’t address the underlying problem, we’re gonna see those people again and again,” Behenna said. 

This guidance, Behenna said, could keep someone away from a lifetime prison sentence and get them into treatment.   

“We want to get them the help that they need,” Behenna said. 

The National Drug Court Resource Center shows only 16 percent of people involved in drug treatment courts re-offend one year after completing a program. Behenna said her office’s new guidance still holds people accountable.  

“[If] somebody has died. Somebody needs to be held accountable for that,” Behenna said. 

She said it separates the people who are addicted to the drug from the people who deal it. 

As far as cases are already filed, the DA’s office will look at those cases. If an overdose case falls under these new guidelines, charges could be amended.