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Boulder DA files charges in fentanyl death

New law hikes penalties
fentanyl (2)
Fentanyl pills File photo

 

A 25-year-old man faces several felony charges related to the sale of fentanyl that led to a death in April, including a manslaughter charge. If convicted, Terrelle Lucero faces 4-12 years in prison for the manslaughter charge.

Boulder District Attorney Michael Dougherty said in a news release that Lucero could have faced even more prison time if the death had occurred after the passage of House Bill 22-1326, which makes it a level 1 drug felony if someone sells fentanyl to a person who later dies as a result of using the drug, according to the bill.

“This office strongly supported and participated in the work on the fentanyl bill, in part, because of the need for strong penalties for those that distribute fentanyl and, especially, those that cause deaths,” the new release states.

The Boulder County Drug Task Force began investigating the fentanyl death on April 25, the news release states. The BCDTF identified Lucerio as the person who sold the fentanyl to the victim. As part of the investigation, the BCDTF sought to engage in a controlled buy from Lucero, according to the news release.

Law enforcement officers contacted Lucero on May 26, at the location of the controlled buy and placed him in custody. In a search of Lucero and his vehicle, officers found a small black scale with white residue and a Glock 30 .45 caliber handgun. 

During a search at the Boulder County Jail, over 75 fentanyl pills were found on Lucero, the news release states.

Formal charges were filed against Lucero on June 1, including possession, possession with intent to distribute, possession of a weapon by a previous offender, two special drug offender charges, and other related charges, the news release states. The special drug offender charge includes a possible sentence of 8-32 years in prison.

In addition, the Boulder County DA’s office filed a charge of manslaughter, because the defendant is alleged to have caused the death of the victim, the news release states.

Under the law at the time of the victim’s death, Lucero faces a presumptive sentence of 4-12 years in prison for manslaughter. If the death had occurred after the passage of House Bill 22-1326 went into effect, Lucero would have faced a presumptive sentence of 8-32 years in prison for causing the death of the victim, the news release states.

With the special drug offender charge in this case, that sentencing range remains possible, the news release states.

The case is set for a preliminary hearing on June 23 at 1:30 p.m.

“I greatly appreciate the hard work and skill that the Boulder County Drug Task Force put into this investigation,” Dougherty said. “Because of their efforts, this investigation quickly resulted in the filing of criminal charges.”

“Fentanyl dealers who seek to profit from the addiction of others,” Dougherty said, “should be held fully responsible.”