Vicente Romero was sentenced to 15 years to life Nov. 3—the same day his attorney filed a notice of appeal for his murder charge.
The jury conviction for second-degree murder for providing fentanyl was the first in the state.
Romero was consuming fentanyl with Kelsey King when they both got sick—but he recovered, and she didn’t, according to his trial lawyer, Michael Duncan.
Duncan argues that the conviction overstepped, and that it “cries out to be reversed on appeal.”
“The facts they prove made out an overwhelming case of involuntary manslaughter. That’s the crime he committed, that’s the crime they proved,” Duncan said by phone Nov. 9. Duncan requested court-appointed representation for Romero on appeal.
Riverside District Attorney Michael Hestrin said in a Nov. 3 statement that the sentence was proper.
“Drug-induced homicide is homicide. Today’s sentencing not only reflects the gravity of what happened to Kelsey King, but what continues to happen to so many men and women in our community because of the skyrocketing rates of illicit fentanyl sales,” Hestrin said in the statement.
Riverside continues to prosecute 24 other fentanyl-related homicide cases, according to the office.
At sentencing, Riverside Superior Judge Timothy Freer said that people should be aware now that providing fentanyl can result in a murder charge, according to the statement.
“It should be known far and wide, that the district attorney, that’s Mr. Hestrin, and his deputy, Mr. (Jerry) Pfohl, who prosecuted this case, along with the sheriff’s office, that’s Chad Bianco, and the deputies who testified, they will aggressively investigate and prosecute individuals for furnishing fentanyl causing death. That should be abundantly clear. They will seek murder charges in this case. They will obtain convictions,” the DA’s Office quoted Freer.
The overdose did not constitute a sale, according to Duncan. Romero met King in a group of people while he was looking to buy a lighter. They consensually smoked methamphetamine together first, Duncan said. The methamphetamine gave King a headache, so they decided to try Romero’s M30s, a type of pill that contains fentanyl. They thought the M30s could fix King’s headache, Duncan said.
Duncan said the conviction was made due to overwhelming prejudice against opioid drug use. He also said the jury instructions provided, CalCrim 520, is too broad.
San Bernardino prosecutors brought a murder trial against drug dealer Bryan Anaya-Esquivel in July. Anaya-Esquivel had sold M30s to a teenager who overdosed. That jury brought back an involuntary manslaughter conviction.
A San Bernardino murder trial against a drug dealer who provided M30s resulted in a manslaughter conviction Aug. 7. In Placer County, Nathaniel Cabacungan pleaded guilty to murder for providing fentanyl to a girl who overdosed, and was sentenced to 15 years in prison Oct. 10.
Romero was convicted Aug. 31.
Case No. SWF2007390
