Pubdate: Fri, 22 Oct 2004 Source: Ft. Worth Star-Telegram (TX) Copyright: 2004 Star-Telegram, Fort Worth, Texas Contact: http://www.star-telegram.com/ Details: http://www.mapinc.org/media/162 Author: Deanna Boyd Bookmark: http://www.mapinc.org/oxycontin.htm (Oxycontin/Oxycodone) TEEN ARRESTED IN 14-YEAR-OLD'S DRUG DEATH FORT WORTH - A 15-year-old boy was arrested Thursday, accused of giving Xanax and Oxycodone to a 14-year-old Fossil Ridge High School freshman who died of a drug overdose last month. The boy, who is not being identified because he is a juvenile, was taken into custody on a warrant alleging delinquent conduct/criminally negligent homicide about 10:30 a.m. at his aunt's home in the 3200 block of Willing Avenue by the U.S. Marshal's task force. Police allege that the juvenile furnished the drugs that caused the death of his friend, 14-year-old Tyler Bailey, on Sept. 26. "There are avenues by which we can prosecute those who illegally provide dangerous drugs to others, the ingestion of which causes serious bodily injury or death to the recipient," homicide Sgt. J.D. Thornton said. "This proves to be an example that we can go after the dealers by means other than usual drugs laws." Bailey was pronounced dead on the afternoon of Sept. 26 at the 15-year-old friend's apartment in the 6900 block of Beach Street. The Tarrant County Medical Examiner's Office determined that the teen died from a lethal mixture of the prescription drugs Alprazolam and Oxycodone. Alprazolam, whose trade name is Xanax, is prescribed for anxiety and, experts say, is a popular recreational drug because it gives the user an alcohol-like high. Oxycodone, a painkiller, is a central-nervous-system depressant that can provide euphoric effects. Bailey's manner of death, which had initially been listed as undetermined, was changed to homicide last week after the district attorney's office indicated to homicide Detective Tom Boetcher that it would accept charges in the case. According to an arrest warrant affidavit, the 15-year-old boy and Bailey had been at the Fossil Creek Movie Theater on Sept. 25 when one of the boys approached another teen seeking marijuana. The juvenile stated he had no marijuana but did have some pills, believed to be Xanax and another unknown type of pill. He then gave the 15-year-old boy a baggie of about 12 pills, the affidavit states. The affidavit states that the boys returned to the 15-year-old's apartment and invited three girls to come over. The juvenile's mother was in the hospital. During the small gathering, the 15-year-old furnished the juveniles a mixture of alcohol and Kool Aid and two pills each, the affidavit states. Two of the girls were later taken home by the 15-year-old. Another girl spent the night at the apartment and noticed that Bailey was having problems breathing, the affidavit states. The girl fell asleep and awoke about noon on Sept. 26 to find Bailey not breathing. She then awoke the 15-year-old boy, who also tried to revive Bailey without success, the affidavit states. The 15-year-old then took the girl home, returned to his apartment and called an ambulance, the affidavit states. Assistant District Attorney Jay Lapham said prosecutors have not decided whether they will seek to certify the 15-year-old to stand trial as an adult. The boy was in custody of juvenile authorities Thursday. A detention hearing is expected Friday. If he is prosecuted as a juvenile, the boy faces anywhere from probation to an indeterminate sentence at the Texas Youth Commission. In the adult system, criminally negligent homicide is a state jail felony punishable by 180 days to two years in a state jail. Though rare, it is not the first time charges have been levied against someone accused of supplying drugs to an overdose victim. William Loren Ely, 18, was charged in June under another state law -- delivering a controlled substance to a minor. He is accused of providing drugs last year to the son of his father's girlfriend, who later died. Joseph Nathaniel Barnett, a National Junior Honor Society member and a football player at Highland Middle School, was pronounced dead on June 16, 2003, at a Fort Worth hospital, five days after his 13th birthday. According to a police report, officers were called to Barnett's home in the 5900 block of Maiden Lane on the afternoon of June 14 after his mother was unable to awaken him. The boy's mother told police that her son had celebrated his birthday the day before at a small party at the home. The medical examiner's office ruled Barnett's death a homicide, caused by methadone ingestion. Methadone is used to relieve severe pain and also in treatment programs for people addicted to narcotics. Homicide Detective Matt Hardy said an investigation revealed a 14-year-old, whose father was prescribed methadone for pain, got some of his father's pills and took them to Barnett's birthday party. Police believe that the 14-year-old then gave some of the pills to Barnett and Ely. Investigators believe that Ely, 17 at the time, gave some of the pills to Barnett as well. The 14-year-old who took the methadone to the party faces juvenile charges, Lapham said. Ely, who if convicted of the second-degree felony faces two to 20 years in prison, was in Tarrant County Jail on Thursday. He had posted bail on the delivery charge but later was arrested on suspicion of possession of marijuana. His trial is pending. Jeri Barnett, Joseph Barnett's mother, said she wants others to learn from her son's death. "I'm just so afraid that other kids are going to die the same way," Jeri Barnett said. "Anything we can do to keep that from happening would be a Godsend. I don't want anybody to have to go through what I've gone through with my son -- the unnecessary death of a highly intelligent, great kid." Lapham said he hopes Thursday's arrest will further discourage juveniles and adults from giving controlled substances to others. "We'll deter, hopefully, this kid from doing it again and, hopefully, it will get around the high schools, middle schools or wherever, that the district attorney's office and law enforcement is serious about stopping the drug abuse problems," Lapham said. - --- MAP posted-by: Larry Seguin