When Charged With a Crime ®

Back in 2019, Los Angeles Angels pitcher Tyler Skaggs was found dead in his hotel room in Southlake, Texas, when the baseball team was on the road visiting the Texas Rangers. The cause of death was a drug overdose, and medical reports indicated that Skaggs had in his system alcohol, oxycodone and fentanyl, a powerful synthetic opiate. Fentanyl laced oxycodone pills were also found in his hotel room. Erik Kay, former Communications Director for the Angels, was charged with and later convicted in federal court of distribution of a controlled substance leading to death and conspiracy for his role in Skaggs’ overdose. In this video, San Diego criminal defense lawyer David P. Shapiro discusses the issues that faced the prosecution and the defense in the case, particularly as the matter proceeded to trial.

While David’s video was taped prior to the conclusion of the case, he outlines the most important issues in the trial. One is the record of cell phone activity prior to Skaggs’ overdose and subsequent death. Indeed, when questioned by law enforcement, Kay initially denied knowing that Skaggs was a drug user. Yet his cell phone records showed texts from Skaggs (from months earlier) requesting that Kay bring him pills at his hotel room. Secondly, the prosecution offered immunity to obtain testimony from people in the Angels organization stating that Kay supplied team members with drugs identical to the ones that were found in Skaggs’ hotel room, and remnants of which were identified in Skaggs’ toxicology report. David’s prediction on the weight of such evidence was also right on the mark. After an 8-day trial, it took the jury only 90 minutes to find Kay guilty.

We have seen more and more prosecutions in federal and state court for those alleged to have distributed lethal fentanyl doses. The punishments for such offenses, if the prosecutor obtains a conviction, are severe, especially in federal court. If you or a loved one are facing a criminal charge related to a drug overdose, call us at 619-295-3555 to learn how you can start protecting your future and freedom.

Jussie Smollett is an actor who appeared for 5 seasons as one of the lead characters on Empire, a TV series on the Fox Network. A few years ago, he reported to Chicago police that he had been punched in the face, had chemicals poured on him and had a rope wrapped around his neck. The supposed hate crime, Smollett said, was committed by two masked men who, he alleged, also shouted a pro-Trump slogan during the attack. After further investigation by the Chicago police, it was alleged that Smollett staged the attack, and he was eventually charged with and convicted of felony disorderly conduct for making false statements to the police. He was sentenced to 150 days in jail, 30 months of felony probation, and ordered to pay over $120,000 to the City of Chicago as restitution. Fox News sought out the legal analysis of our Associate Attorney Ally F. Keegan, who explained the sentencing options available to the judge, which included up to 3 years in prison. Ally also spoke about why, under the circumstances of the case, including Smollett’s lack of any prior criminal history, the 150-day sentence appeared to be justified. To read more about Ally’s comments during the Fox interview, click here.

ABC10News reported earlier this month on allegations that a San Diego County Deputy Sheriff, a 25-year veteran of the department, attempted to solicit sex from a minor, who he believed was a 15-year-old boy. The allegations surfaced after private citizens – a group known as “People v Preds” – initiated an online sting operation that allegedly netted the deputy in question. While no charges have been filed thus far, the seriousness of the allegations has made the case a hot news topic. David, having experience representing law enforcement officials who faced similar charges in recent years, was contacted by ABC10News for comments on the case. In his interview with the local ABC affiliate, David noted that while there actually was no minor involved – the Sergeant was nabbed after what has been described as a “vigilante sting" – law enforcement can, and very well may, treat the situation as a citizen’s tip, which could lead to a criminal investigation and potentially serious criminal charges. David also points out that the information could lead to a larger investigation, including search warrants for phones, computers, internet search histories, et al. Finally, David points out that soliciting a minor for sex, even when there is no actual minor involved, could lead to the possibility of serious prison time if charged and convicted. For more on the case, watch David’s entire interview.