Experienced crime scene agents, computer forensic specialists, investigators, and prosecutors on the front line of the fight against the opiate epidemic offered insights during a symposium at the Ohio Attorney General’s 2016 Law Enforcement Conference.
The Ohio Attorney General's Opioid Response Strategies Symposium focused on the investigation and prosecution of opiate overdose cases and the use of community resources.
Attorney General Mike DeWine opened the symposium by reminding attendees that his office and all of the resources of the Ohio Attorney General’s Bureau of Criminal Investigation (BCI) and the Heroin Unit are available upon request by any law enforcement agency.
“Heroin is taking lives and tearing families apart all across Ohio, and state, local, and federal authorities will continue to work together to bring these trafficking organizations down,” he said. “We are available to help. Our Heroin Unit can come in and help you get the low-level drug dealers and move up the chain.”
Here are a few items of note from each panel discussion:
Investigation
Panel members urged law enforcement to:
- Treat overdose death scenes as homicide scenes.
- Maintain control of possible witnesses and suspects as quickly as possible.
- Conduct detailed initial interviews.
- Search the immediate area for evidence such as drugs, drug packaging, drug paraphernalia, and cellphones.
- Treat drug users with compassion.
- Check any digital media.
- Talk to the local medical examiner to find out whether it’s possible to have the coroner at the scene of fatal overdoses.
- Build relationships with the Attorney General’s Office, Drug Enforcement Administration, and the Ohio Organized Crime Investigations Commission.
- Get a prosecutor involved in the case as early as possible.
- Talk to the overdose victim’s family and friends, who might be eager to identify the dealer.
Prosecution
- In Franklin County, the Hope Task Force responds to the scenes of overdose deaths. Task force members assess whether the case is prosecutable. If a person is saved with naloxone, the task force will treat the person as a witness to try to find the source of the drugs. The task force also focuses on urging users to enter a treatment program.
- In Warren County, prosecutors have found that “corrupting another with drugs” counts work best when going after dealers, particularly when the case involves a close friend or relative providing drugs to the victim.
- In Summit County, recent involuntary manslaughter cases have used “corrupting another with drugs” and “trafficking” as the underlying felonies. The cases usually end in a plea deal.
- Cases are easier if an autopsy is performed. Also, toxicology reports improve cases and debunk arguments.
Resources
- In Colerain Township, a police officer, paramedic and licensed addiction counselor go to the victim’s home within three to five days after an overdose to offer support. Eighty percent of the people visited enter treatment.
- In Lucas County, the Attorney General’s Office connected with the sheriff’s and prosecutor’s offices and the Mental Health and Recovery Services Board to establish the Drug Abuse Response Team (DART). DART officers and victim advocates intervene in situations involving opiate overdoses. Upon contact, the team provides an overdose survivor with information on recovery and mental-health resources.
- In Montgomery County, the Front Door Initiative was formed to get more people into addiction treatment. When officers encounter drug users — usually through overdose calls – they transport them to treatment. The initiative also provides follow-up care to help individuals get sober and stay sober.
- In Ross County, the Ross County Heroin Partnership Program unites treatment providers and law enforcement to help those who have overdosed. The addicts are often victims of human trafficking and other forms of abuse, as well, so treatment can be ongoing and involve several agencies.
- OARRS is an online tool to track prescriptions for controlled substances dispensed by pharmacies and prescribers in Ohio. Law enforcement officers can register with OARRS and have access to reports. It only can be used with an active case. OARRS training is available on eOPOTA.
Federal Response
Local law enforcement can get federal help with fatal overdose cases, if:
- Medical experts say the drug was the primary cause of the death.
- The suspected dealer is a big problem in the community or the case will tie into a larger drug trafficking organization responsible for bringing drugs into the area.
- It can be proven that the dealer was the one who sold or supplied the fatal dose of drugs to the victim.