WWL>Topics>>11-21 9:45am Tommy, murder charge in drug death?

11-21 9:45am Tommy, murder charge in drug death?

Nov 21, 2013|

Tommy talks to WWL legal analyst Tim Meche about a second degree murder charge to a man linked to the overdose death of a girl in Tangipahoa

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Automatically Generated Transcript (may not be 100% accurate)

I'd even here in this story -- -- WL and you may have seen it on channel four last night 22 year world. Young man -- -- indicted on second degree murder charge after giving 121 year old friend Megan Lopez. Synthetic Ellis. Understandings and rest of his life in jail -- measure legal analyst joins us right now morning -- Tim I tried to research this. The synthetic Ellis. May as well have been written in hieroglyphics now understand any of that do you know if -- if it is seen boom wars synthetic Ellis. Is that something like bath salts that you buy over the counters -- and I'm like -- that they take different ingredients in and put together. No it's different. -- in the preparation of a lot of these synthetic drugs. Just couldn't let it lapse by year or so and most were coming out of laps in Mexico. In China. In fact. And there are quite sophisticated in the way they're made in the purpose is to get around. -- that pain and certain substances. And didn't legislatures. Certain walls these shipments of these labs in places like China and Mexico creating these. And yet your core operating what -- DEA agent told us about a year ago that. It's so hard because you'd you'd make something illegal. And the scientists go and land exactly judges said and come up with something else that is not covered on the statue. Yeah that now significantly. There is that wall halt an animal law that we have both admirable and state. -- Which essentially says. If you do sell or created substance that quote substantially. Similar in chemical -- and has. Quote substantial lead the same sex on the central nervous system as a pain and so substance. Didn't it should also be beaten -- legal. That that's been challenged constitutionally. And that certain we lunch counters or on right now so hot topic. Symbol. So for. It's a built in their prosecution or going certain they'll. How do what is in the history of prosecutions in Louisiana and he answers schedules one -- two of the uniform controlled dangerous substance laws and that -- second degree murder. Committed when he offender. Unlawfully distributed dispenses a controlled dangerous substance schedule Warner to law that is. A -- a lot of ads direct cause of the death of the recipient who ingested or consumed the controlled dangerous substance in terms of a defense would would a lawyer. Point out that this statute doesn't apply because it's -- under schedule one or two and how successful have. Has law enforcement -- when it comes to prosecuting people for second degree murder in is an instance likeness. The question that law on the books about yours and first of Paul prosecutors. Had been reluctant to use it because cheer rule. The person who inject this substance -- At. Two. And that's just that fact that your. The that's where they've had success -- problem forces little person. Or is not honest about what they're giving them what they -- CO. Factor here is what they want to rec hall the and then in two. -- policies or issues. Where you have to have. Forensic. Doctors testified that. That absolutely was the only thing that calls that we don't substances and her body we don't know what her condition or. We watched in the he would. He's got all the species beer. -- little sugar or not too sympathetic. To people who we only -- these substances. -- -- -- There -- consequences. As far as you know has anybody been successfully prosecuted. Yeah second degree murder after week somebody willingly ingested the drug they gave them. Yeah our politic to Monroe few years ago they had success in that. But the facts I think in that age group. The person who provided it is had a lot of psychological control over the dictum. They were equal participants. You have to have things like that that incident for future. So Scott parallel with the DA obtained -- he's not a dumb guy do you think. But in the grand jury orient the Agassi grand jury processes they present the evidence and then the charge in. Or they give the grand jury the choice of charges doesn't work. Now arming and you earn at Stewart injury will about it at the prosecutor spoke to basically the prosecutor told me to give -- an -- I think what Scott Stewart. And admirable thing instead university in his district. And there's just that per celebration of these synthetic products. Can you trying to send the message out there to. That. Portion of the population that. Somebody's going to bankers then you'll be potentially held accountable if you. You know you -- -- -- plea bargain yeah we ignore him. Make its armed jail but now it's. Five you're liable to city debut -- -- that would promise or something like. I don't know with the -- character. You know maybe contributing and maybe it degrades may -- You know obviously in understandably concerned and very vocal so that -- it -- It I don't see him being convicted of second degree murder and election. You mentioned the victim's family and we spoke to -- Lopez for a half an hour earlier very emotional conversation and just philosophically does. It should does the law account for emotion or should it LB about facts and logic. The that should. All be about facts and logic but the reality is it's generally about the induction. Ports -- like everything else and reality. Thank you -- am I appreciate your time and your insights.