DA’s office issues statement on prosecution of drug-related homicides
The woman accused of selling a Santa Clarita Valley teenager with the fentanyl that led to her fatal overdose has pleaded guilty in a federal courtroom in Downtown Los Angeles to one count of distribution of fentanyl resulting in death.
Skylar Mitchell, 25, of Saugus, is now due back in front of Judge Stephen Wilson in October, when he will consider the prosecution’s sentencing recommendation for the crime, as well as any potential victim impact statements.
Mitchell sold Jax Markley, an 18-year-old Valencia resident, a fatal dose of fentanyl on Nov. 6, 2022, according to the federal complaint.
The murder was investigated by the L.A. County Sheriff’s Department’s Opioid Overdose Response Task Force, which was formed so such investigations could result in federal charges, which would mean stiffer penalties for the crimes, according to a former leader of the unit.
Mitchell has agreed not to seek a sentence of less than 10 years at her sentencing per the terms of the agreement with the Department of Justice.
Matt Markley, Jax’s father and someone who’s become involved in advocacy surrounding how substance abuse is treated and addressed since his child’s death, said after speaking with federal prosecutors that the agreement was reasonable.
It was difficult for him to acknowledge, especially as a parent of the victim, he said, but as a parent, he recognized there were mitigating circumstances.
Multiple LASD officials stated on the record that the task force was formed because the L.A. County District Attorney’s Office indicated fentanyl-related overdoses would not be pursued as murder cases.
That was part of Markley’s initial frustration with how the situation was being handled and what compelled him to learn more and become involved, he said in a previous interview.
Several recent prosecutions at the county level, as well as a statement from the office, indicated that District Attorney George Gascón has changed tact, although none of the cases have gone to trial yet and the office has refused to address the policy change.
In response to numerous questions about the policy, Gascón’s office issued a statement regarding the prosecution of fentanyl deaths with murder charges:
“Knowingly selling illegal fentanyl can amount to an act of callous disregard for human life. That’s why our office treats illegal fentanyl sales with the utmost seriousness,” according to an email from Zara Lockshin, public information specialist for the L.A. County District Attorney’s Office, on behalf of the office. “We are committed to prosecuting those who illegally distribute fentanyl and other dangerous substances.”
The statement also spoke to the difficulty in bringing such a case to bear.
“To file murder charges against illegal fentanyl dealers, the district attorney’s office must first prove beyond a reasonable doubt that the individual’s actions directly caused the victim’s death, and that the dealer had the requisite intent or recklessness necessary to meet the legal standard for murder,” the statement continued.
LASD officials previously acknowledged the difficulty in proving the actual criminal elements in court of a street-level drug transaction that leads to a death.
Detectives, following the federal model from the Drug Enforcement Agency, formed a task force in July 2022 to investigate such deaths holistically, including with help from the LASD’s Special Victims Unit, gang detectives and mental health experts, in addition to working with Homicide Bureau officials and the work of traditional narcotics detectives.
While not citing the reason for the apparent change, the DA’s office stated the first filing of a case involving a fentanyl death as a murder happened in April, according to a spokeswoman for Gascón, one month after Gascón received criticism from a host of election challengers, including prosecutors in his own office, who have complained he hasn’t been tough enough on crime.
“Our office regularly pursues charges of drug trafficking, distribution resulting in death, and other serious drug-related offenses that carry significant penalties,” according to the statement. “Filing murder charges in these types of cases proves a significant challenge but we are committed to applying the law to the facts of each case and determining if a murder charge is appropriate. This is the second time our office has charged murder in a fentanyl-related case.”
On Tuesday, Gascón announced a third murder case — which would carry a potential life sentence — against a 22-year-old mother of two young twin boys from Winnetka who died after they’re believed to have ingested fentanyl.
On June 25, Casey Linder, a Granada Hills man, also was charged with murder “for allegedly knowingly selling fentanyl and methamphetamine to a woman who hours later was found dead of an overdose at her downtown Los Angeles apartment,” according to the DA’s office.
The first such case was filed in Pomona in April against Isyss Akerele, a 21-year-old woman from Covina.
