A man is facing a murder charge after Fort Worth Police say he sold fentanyl-laced pills that killed a man in September.
The Tarrant County District Attorney's Office said Thursday that a grand jury returned an indictment in the death of 26-year-old Brandon Harrison, a man who overdosed on fentanyl and methamphetamine on Sept. 18.
In a partially redacted arrest warrant affidavit obtained by NBC 5, Fort Worth Police said 46-year-old Jacob Lindsay sold Harrison the drugs that killed him and charged him with his murder. The indictment is believed the be the first application in Tarrant County of a state law passed earlier this year.
"As of Sept. 1, 2023, a new Texas law allows a person to be charged with murder if they supply or distribute fentanyl and it leads to a death. This is the first fentanyl murder case in Tarrant County and is being handled by the DA's new Narcotics Unit," the district attorney's office said in a statement Thursday.
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It's news Harrison's father, Richard, had been waiting for; a small sense of peace for him, but also, he hopes, for other families.
“That’s going to save lives. That’s going to send a message out," Richard said.
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He said Brandon, like him, relied heavily on his Christian faith.
“I’ll never forget, one time, my wife had hurt herself," Richard said. "And so, Brandon was probably 3 years old, he went over and prayed for her.”
Those prayers changed as Brandon battled his drug addiction.
"I was always praying for his protection," Richard said.
He remembered one of his last conversations with Brandon, during his last relapse.
“I said, ‘Brandon, what’s going on?’ He goes, ‘Dad, you always know.'" Richard recalled. "I said, ‘Well, what’s going on, man?’ He said, ‘Man, I’m trying, I’m fighting through it.’”
According to the arrest document, Harrison was staying in a sober living facility when he was found unconscious by his roommate.
Josh Estes, one of his roommates, was home at the time.
“The next thing I know, waking up from a nap and hearing somebody yell down the hallway, that’s when we found out," he said.
Estes said he only knew Brandon for a few weeks, but they got close.
"I’m a huge chess nut and he was really the only one that was worth playing in the house," he said.
Investigators said they didn't see any signs of trauma or foul play, but did discover in Harrison's pocket a small clear baggie containing a blue pill marked M30 and a small crystal-like rock.
Estes has been recovering from drug abuse, himself, for two years. He said there was no indication Brandon had relapsed.
“My first thought is inward, ‘Where did I go wrong? What could I have done different? How could I have stopped it? How could I have prevented it?’" said Estes, who had played a game of chess with Brandon the night before his death. “Maybe five more minutes at the chess board, you know, something.”
Estes said he works at a rehabilitation center now and sees how pervasive fentanyl is. He said there is some relief in knowing suppliers and dealers are being prosecuted.
"People don’t understand how serious fentanyl is until you get slapped with a murder charge," he said. “It can’t be expressed enough how serious it is.”
According to documents, Richard helped investigators catch the suspect by giving them his son's phone and access code. Detectives found text messages between Harrison and an unidentified person arranging delivery of percs and meth outside the restaurant where he worked as a waiter.
Percs, police said, is slang for counterfeit Oxycodone pills that contain fentanyl. The pills are typically small, marked M30, and, though they can come in a variety of colors, appear legitimate. Because they are counterfeit, police said they may contain lethal amounts of fentanyl or meth and are extremely dangerous.
In the arrest document, police said they contacted the person who delivered the percs and meth and set up another meeting. During that meeting, police said a clear baggy with six small blue pills marked WW27 was seen in Lindsay's lap and, when the car door was opened, they spilled onto the driver's seat, floorboard, and the ground.
"Officers believed these to be the counterfeit pills Jacob brought to deliver to Brandon," police said.
A mobile field test indicated the pills were presumptive positive for fentanyl.
Lindsay, police said, consented to a search of his mobile phone and investigators found a text conversation between him and Harrison where he agreed to deliver drugs to him at his job along with a conversation with police setting up the second meeting.
Lindsay was originally charged with delivery of a controlled substance. The murder charge was added after the Tarrant County Medical Examiner's Office completed Harrison's autopsy and determined his cause of death to be fentanyl and methamphetamine toxicity.
Richard is grateful for law enforcement's work, and, he said, their grace and support during this difficult time.
“My prayer life completely changed. I was always praying for his protection. Now, I just thank God that I had him for 26 years," Richard said.
A strong faith that he still shares with his son.
“I know that God’s taking care of me. I also know that my son’s up there with Him right now," he said, adding that Brandon is finally clean from his drug addiction. "I know I’ll see him again. One day.”
Fort Worth Police said while there are no other arrests expected connected to Harrison's death, the fentanyl overdose narcotics unit will continue pursuing those distributing fentanyl illegally and will charge those in violation of state law to the fullest extent.
WHAT IS FENTANYL?
Fentanyl is a synthetic opioid that is 50 times more potent than heroin and 100 times more potent than morphine. Just two milligrams of fentanyl, which is equal to 10-15 grains of table salt, is considered a lethal dose.
Without laboratory testing, there is no way to know how much fentanyl is concentrated in a pill or powder. If you encounter fentanyl in any form, do not handle it and call 911 immediately.
Fentanyl remains the deadliest drug threat facing this country. According to the Centers for Disease Control and Prevention, 107,622 Americans died of drug overdoses in 2021, with 66% of those deaths related to synthetic opioids like fentanyl.
Drug poisonings are the leading killer of Americans between the ages of 18 and 45. Fentanyl available in the United States is primarily supplied by two criminal drug networks, the Sinaloa Cartel and the Jalisco New Generation Cartel (CJNG).
WHAT IS RAINBOW FENTANYL?
In August 2022 the Drug Enforcement Administration issued a public advisory about the alarming emerging trend of colorful fentanyl available nationwide.
Brightly-colored fentanyl, dubbed "rainbow fentanyl" in the media, is being seized in multiple forms, including pills, powder, and blocks that resemble sidewalk chalk.
“Rainbow fentanyl—fentanyl pills and powder that come in a variety of bright colors, shapes, and sizes—is a deliberate effort by drug traffickers to drive addiction amongst kids and young adults,” said DEA Administrator Anne Milgram. “The men and women of the DEA are relentlessly working to stop the trafficking of rainbow fentanyl and defeat the Mexican drug cartels that are responsible for the vast majority of the fentanyl that is being trafficked in the United States.”
Despite claims that certain colors may be more potent than others, there is no indication through DEA’s laboratory testing that this is the case. The DEA said every color, shape, and size of fentanyl should be considered extremely dangerous.
WHAT IS NARCAN?
Narcan is an over-the-counter prepackaged nasal spray containing naloxone hydrochloride which is an opioid antagonist that rapidly reverses an opioid overdose, but only temporarily.
According to the manufacturer, "Narcan nasal spray is a prescription medicine used for the treatment of a known or suspected opioid overdose emergency with signs of breathing problems and severe sleepiness or not being able to respond."
According to the Substance Abuse and Mental Health Services Administration, naloxone is an FDA-approved medication that is used to reverse an opioid overdose.
SAMHSA said because naloxone is a temporary treatment its effects do not last long and it's critical to obtain medical intervention as soon as possible after administering or receiving naloxone.
WHAT IS NALOXONE?
According to the National Institutes of Health's National Institute on Drug Abuse, naloxone is a medicine that can rapidly reverse an opioid overdose by attaching itself to opioid receptors and either reversing or blocking the effects of opioids.
"Naloxone can quickly restore normal breathing to a person if their breathing has slowed or stopped because of an opioid overdose. But, naloxone has no effect on someone who does not have opioids in their system, and it is not a treatment for opioid use disorder. Examples of opioids include heroin, fentanyl, oxycodone (OxyContin), hydrocodone (Vicodin), codeine, and morphine.
Naloxone comes in two FDA-approved forms, injectable and as a nasal spray.
Naloxone works for only 30 to 90 minutes and many opioids remain in the body longer than that. It is possible for a person to still experience the effects of an overdose after a dose of naloxone wears off so it's imperative to call 911 or get the overdosing person medical attention as soon as possible after the dose is administered.
The U.S. Food and Drug Administration on March 29, 2023, approved selling naloxone without a prescription, setting the overdose-reversing drug on course to become the first opioid treatment drug to be sold over the counter.
A different drug, Opvee (nalmefene) is also an emergency nasal spray medication used to reverse an opioid overdose. Opvee, however, is not approved for over-the-counter use and can only be obtained with a prescription. Nalmefene stays in the body longer than naloxone and may be more effective for overdoses caused by long-acting opioids but it also may come with more opioid withdrawal symptoms.
DOES THE FDA APPROVAL MEAN I CAN BUY NARCAN AT CVS OR WALGREENS?
Yes. Narcan is currently available over-the-counter at pharmacies.
Other brands of nasal sprays (RiVive) and injectables may also soon be available over the counter.
