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New Marion County law used to charge man allegedly involved in fentanyl overdose death

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Posted at 1:53 PM, Oct 16, 2019
and last updated 2019-10-16 13:53:37-04

INDIANAPOLIS —For the first time in Marion County, an alleged Indianapolis drug dealer is being charged for Dealing in a Controlled Substance Resulting in Death, according to Marion County Prosecutor Ryan Mears.

The case filed on Tuesday states the Marion County Prosecutor's Office is charging Dewayne Mahone for allegedly being involved with the death of Tony Harrell.

Harrell died on July 19 as a result of opioid intoxication due to fentanyl and heroin — drugs that were allegedly distributed by Mahone.

Dealing a controlled substance, such as fentanyl, that results in death carries a potential penalty of 20 to 40 years in prison, according to a new law first enacted by the Indiana General Assembly in 2018.

"There needs to be accountability for those who illegally sell deadly narcotics, capitalizing on addiction and contributing to the public health crisis of drug overdoses," Mears stated. "Our understanding of addiction has evolved as has our approach for those who are caught in the spiral of addiction. However, we will not stand down against the distribution of lethal narcotics in our community and the unnecessary loss of loved ones, as the family of Tony Harrell has experienced."

Mahone already faced six charges related to drug dealing after evidence allegedly found in his home during the investigation of Harrell's death.

According to the probable cause affidavit, 25 grams of fentanyl, 4.04 grams of heroin, and .34 grams of a mixture of fentanyl and heroin were located in Mahone's home.

According to the U. S. Drug Enforcement Administration, fentanyl is the most potent opioid used in medical treatment and can be up to 100 times more potent than morphine and 30 to 50 times more powerful than heroin.

Ingestion of fentanyl in doses as small as 0.25 mg can be fatal.