AUSTIN (KXAN) — An Austin man is dealing with felony tampering with proof costs after he allegedly didn’t name 911 whereas two individuals contained in the Victory Grill in east Austin overdosed, in line with courtroom paperwork. A type of males died.

Paperwork present the person who died, Eddie Flores, talked to his spouse, Crystal, a little bit earlier than 6 a.m. on March 19. Crystal advised police she may inform Eddie was “very intoxicated” so she drove to Victory Grill to select her husband up, paperwork mentioned.

Lower than half-hour later, Crystal claimed she arrived on the grill and located her husband and one other man locked in an workplace and overdosing, an officer wrote. Crystal referred to as 911 at that time; in the meantime, she advised police two of the employees at Victory Grill started hiding medicine and different paraphernalia. A type of individuals was Rolando Ortiz Jr., in line with paperwork. Victory Grill advised KXAN Thursday that Ortiz is not employed with them.

Police would later discover the paraphernalia the lads had been hiding and the medicine believed to be concerned, which police mentioned had been according to cocaine. Officers additionally famous that given the sufferer’s sudden decline in state, the cocaine was probably laced with fentanyl.

Whereas APD advised KXAN no extra info could be launched about this case, APD officers wrote that Ortiz was charged with tampering with proof as a result of he “eliminated proof from the scene of a murder investigation,” although Ortiz shouldn’t be charged with murder presently.

In keeping with APD’s report, Ortiz admitted to observing the 2 males both “in misery or deceased” and as a substitute of calling for or administering assist, he closed and locked the door to the workplace they had been in. He advised police he lied as a result of he doesn’t like police and has a earlier legal historical past, paperwork mentioned.

Ortiz continues to be in custody, in line with Travis County’s inmate record, and is being held on a $30,000 bond alongside a parole violation. Ortiz’ court-appointed lawyer didn’t reply to KXAN’s request for remark.

Ortiz doesn’t seem to have earlier drug costs, in line with a Texas Division of Public Security legal historical past search, however he did plead responsible to aggravated sexual assault of a kid costs in a 2004 case and was launched on parole.

Texas’ Good Samaritan Legislation

In 2021, Texas lawmakers handed, and Gov. Greg Abbott signed, a Good Samaritan Legislation which has been in impact since September. HB 1694 protects some individuals from getting in bother for small quantities of unlawful medicine or having drug paraphernalia ought to they search assist for somebody who’s having a drug overdose.

However as many dependancy restoration advocates testified, some is the important thing phrase — and the individuals protected will not be the suitable some.

Gov. Greg Abbott vetoed an effort by Texas lawmakers to move a Good Samaritan Legislation in 2015. In consequence, Rep. John Raney (R) testified final 12 months that he met with the governor’s employees and crafted laws in 2021 that will fulfill the governor’s worry that the legislation can be utilized by repeat offenders.

That’s a priority some legislation enforcement officers additionally shared as lawmakers mentioned the potential of this safety.

“How far are we prepared to go to waive the burden of legal accountability in change for getting somebody to make that cellphone name that’s going to avoid wasting a life?” Hardin County Sheriff Mark Davis advised KXAN in 2018, as these discussions had been being had. “I believe we actually must make a transparent distinction between an individual who’s an addict and possessing that as a result of they’re hooked on opioids or a substance, versus somebody who’s a vendor and a trafficker.”

As a product of these issues, the ensuing legislation disqualifies many individuals from safety in Texas — most notably, individuals who have been beforehand convicted of a drug offense and individuals who have referred to as for medical help for an overdose within the final 18 months.

“After I was nonetheless lively in my dependancy, I can consider three or 4 instances simply off the highest of my head the place I used to be ready the place I used to be with any individual who was overdosing,” Joseph Gorordo, who’s in long-term restoration and is now the vp of outreach for Restoration Unplugged, mentioned.

After bringing an overdose sufferer to the emergency room and being questioned by police, Gorordo says the following time he was with somebody having an overdose, he didn’t convey that particular person in for medical therapy. That’s is one thing the Good Samaritan Legislation hopes to deal with, however it solely works for individuals who don’t have a historical past.

“The people who find themselves probably to be current for an overdose are additionally the people who find themselves very probably going to have some type of report,” Gorordo mentioned. “That signifies that you’re eliminating a giant chunk of the people who’re going to be the first customers of this.”

Gorordo says this legislation is new, however its loopholes are already on Restoration Unplugged’s record of priorities for the following legislative session.

Fentanyl testing strips are unlawful in Texas — right here’s why

In the identical legislative session that noticed the passing of the Good Samaritan Legislation, lawmakers didn’t decriminalize drug testing strips, although many states across the nation have.

Rep. Jasmine Crockett, a Democrat from Dallas, tried to push by means of a invoice that aimed to take away legal penalties for the possession of drug paraphernalia. That invoice handed committee on a 6-3 vote however in the end didn’t make it to the chamber.

That’s one thing Travis County Choose Andy Brown has lately been outspoken about, particularly with regards to fentanyl testing strips.

Fentanyl testing strips can be utilized to check medicine, powders and capsules for the presence of fentanyl, which is usually stronger than different medicine and could be deadly. The strips enable individuals to take further steps to guard themselves or to not take the medicine altogether.

However underneath the Texas Managed Substances Act, drug testing tools is classed as drug paraphernalia which makes it unlawful for individuals to recreationally take a look at.

“It’s one thing that from what I’ve heard, particularly from the hurt discount group, that will save lives,” Brown advised KXAN. “We want to look into the potential of making them out there to the general public in the event that they had been allowed by state legislation.”

You possibly can learn extra about KXAN’s reporting on fentanyl testing strips right here.

Naloxone can reverse the results of an overdose

Texas lawmakers have beforehand legalized the acquisition and carry of naloxone, an emergency therapy that reverses the results of opioid overdoses. That laws made the therapy out there in Texas with out a prescription at many pharmacies like H-E-B, CVS and Walgreens.

“Narcan, when it’s not crucial, there’s no threat of opposed unintended effects,” Gorordo mentioned. “So that you don’t need to second guess your self, ‘is that this particular person overdosing or not?’ Which signifies that a variety of people with out coaching can carry Narcan and doubtlessly save a life.”