Alleged fentanyl dealer charged with murder in overdose death

Hays County Sheriff's Office hosted a joint press conference with the District Attorney’s Office and the Drug Enforcement Agency’s Fentanyl Task Force at the county’s Public Safety Building Wednesday to provide an update of the investigation into the death of 15-year-old male from a fentanyl overdose on April 11. Police said they have arrested and charged an 18-year-old with both felony murder and delivery of a controlled dangerous substance.

Calling it a public health epidemic, the broad contingent of county and federal officials said they wanted to present a united front against fentanyl which some say has claimed the deaths of more than in most recent American wars and conflicts.

Information on a now available Hays County website, states that fentanyl is 50 times stronger than heroin and 100 times stronger than morphine– what may fit on a pencil tip can be fatal.

According to police, Jaquell Desean Ray, 18, was charged with felony murder, a first degree felony on May 1 by the Special Services Division. Police said he was previously charged in connection to providing the drugs that allegedly caused the death of a Kyle-area teen.

Fentanyl is the drug that officials stated is responsible for the recent accidental fatal overdose of a 15-year old student at Lehman High School.

Police said they were dispatched to the home of the student who they found unresponsive on April 11. Life-saving measures were attempted by EMS at the scene, but the victim was pronounced deceased. A preliminary police investigation indicated that the death was caused by an accidental overdose of an unknown drug at that time. The Travis County Medical Examiner’s Office conducted presumptive testing which showed positive results that the drug was fentanyl. On the same day of the reported overdose fatality, Ray was taken into custody by police and subsequently charged with delivery of a controlled substance or marijuana to a minor, a second degree felony. Following additional investigation, the additional charge was imposed.

Police said bond was set at $100,000 for the charge of delivery of a controlled substance, and additional bond of $300,000 was set in connection to the newly added murder charge.

“To sell fentanyl is to risk a life sentence. This is the message,” Hays County District Attorney Kelly Higgins said. “The evidence does support the filing of a felony murder charge. Felony murder, under the Texas penal code, results when a person commits or attempts to commit a felony and in the course of commission of that crime commits an act clearly dangerous to human life which results in the death of an individual.”

“To those that are selling fentanyl or other fake pills, be prepared.” Assistant Special Agent Tyson Hodge who is in charge of the Drug Enforcement Administration out of Austin said. “We will come after you.”

“To combat this crisis the Drug Enforcement Agency has partnered with the Hays County Sheriff’s Office and other law enforcement agencies around the area to create an overdose investigation team. There are two purposes for this investigation team. The first is to arrest those individuals selling fentanyl and other dangerous drugs to kids, in particular. Secondly, we hope to bring justice in some part to the families and loved ones that have lost someone to a fentanyl overdose,” Hodges said.

This county and the state as a whole have been hit particularly hard.

“This is not the first felony murder charge filed in Texas for supplying fentanyl that resulted in overdose. It is the first in this county,” Higgins said, adding he is of mind that this will become the norm when it comes to charging individuals who have sold fentanyl that results in a person’s death.

“Where we can make that connection, and where we believe we can make it beyond a reasonable doubt, we’re going to pursue felony murder charges,” Higgins said.

“Hays County has seen too many young people, some children as young as 15 years of age, die in the throes of a fentanyl overdose. In 2022, 40% of the drug overdoses in Hays County involved children under the age of 18. People are deliberately supplying our children with this drug,” Higgins said.

Fentanyl seizures are on the rise across the state as well.

“This year, the Houston Pill Division, which includes Austin, has seized over 674,000 fentanyl pills and 230 pounds of powdered fentanyl. This equates to roughly 7-million potentially lethal doses of fentanyl,” Hodges said.

The DEA is enlisting the help of parents to help combat this societal emergency.

“Please discuss and engage with your kids about the dangers of fentanyl and other drugs. Monitor their social media accounts. Make sure you stay active in their lives,” Hodges said.

Those with any information regarding this investigation, are asked to contact the Hays County Sheriff's Office Deputy Zach Piatt at 512-3937896 or zach.piatt@co.hays.tx.us.