A Riverside jury has returned the first murder conviction for a fentanyl death in California.
The verdict came in on Aug. 31
Vicente David Romero’s counsel, Michael Duncan, said the verdict was contrary to existing law, and that Romero was going to appeal it.
Similar attempts in other counties have not achieved a jury conviction.
A man in Placer County pleaded guilty to murder, and did not take his case to trial. In San Bernardino, Bryan Anaya-Esquivel was convicted Aug. 7 of the lesser offense of involuntary manslaughter, and sentenced Sept. 5 to three years in county prison with a four years and 40 days already served awaiting trial.
“DDA Jerry Pfohl not only demonstrated that the law can be upheld in a fentanyl-related murder case but also established a precedent for future cases. This verdict is a testament to our unwavering commitment to protecting our communities, providing justice for victims, and holding those accountable who engage in the distribution of illicit fentanyl resulting in death,” said Riverside District Attorney Mike Hestrin in a press release.
Kelsey King, of Temecula, died on June 16, 2020, from an overdose using fentanyl-laden pills Romero had provided, known as M30s. Duncan said that Romero was using the pills alongside King, that he did not sell the pills, and that Romero also got sick from them.
Duncan said the verdict was outside of the meaning of murder, and was a simple manslaughter case.
“It’s not a complicated situation. I do expect that the Courts of Appeal are going to see this, and see that it’s manslaughter, and we’re going to send it back,” Duncan said.
Duncan said that prosecutors have been attempting to bring murder charges to manslaughter cases since the 1981 Pe allowed drunken drivers to be charged with murder. Duncan said the California Attorneys for Criminal Justice are lobbying the legislature to explicitly exclude fentanyl overdoses from murder convictions.
The Riverside District Attorney’s Office has brought 22 other homicide cases related to fentanyl poisonings, the office said in their press release.
Prior to his trial, on July 31, Romero pleaded guilty to felony charges of possessing controlled substances while armed, being a convicted felon in possession of a firearm, carrying a loaded firearm having prior felony convictions, possessing ammunition as a felon, and a misdemeanor count of possessing drug paraphernalia.
Romero had been charged in two other criminal cases.
In 2009, Romero pleaded guilty to unlawful intercourse with a minor two years younger. He later married the person, and raised his children with her, according to his attorney. He was placed on three years of probation.
In 2018, he pleaded guilty to assault by means likely to cause great bodily injury. He was placed on three years of probation.
Romero is scheduled to be sentenced on Oct. 6. He faces a maximum sentence of 15 years to life.
Jerry Pfohl prosecuted.
Sole practitioner Michael Duncan defended.
Riverside Superior Judge Timothy Freer presided.
Case No. SWF2007390
