Colorado
A Colorado man died by suicide via fentanyl overdose. What punishment should his dealer face?
Should a fentanyl dealer whose customer dies in an intentional overdose face the same prison time as a dealer whose customer dies accidentally?
Maybe, the Colorado Supreme Court ruled Monday.
In a split 5-2 decision, the justices found that a Colorado man who sold fentanyl to a customer who then died by suicide in an intentional overdose could present evidence of that suicide to jurors as a defense against Colorado’s new, higher penalties for fentanyl dealing that leads to a person’s death.
Jurors must ultimately decide whether the customer’s suicide should mitigate the seller’s punishment, Chief Justice Monica Márquez wrote for the majority.
“We are not persuaded that a reasonable person who distributes fentanyl should, as a matter of law, always foresee the possibility that a purchaser will consume extraordinary amounts of fentanyl with the intent to die by suicide,” Márquez wrote. “True, a purchaser may overdose by accidentally consuming more fentanyl than they intended to consume. But when a purchaser consumes large amounts of fentanyl with the intent to die by suicide, they make ‘a voluntary and willful choice.’ ”
The justices ruled against El Paso County prosecutors, who had sought to block evidence of the victim’s suicide from court altogether.
The case involves a 26-year-old Colorado Springs man who died in August 2023 from a massive overdose of fentanyl. The man sent his girlfriend a suicidal text before he died, and the El Paso County coroner ruled his death a suicide in part because he took such a large dose of fentanyl.
Police later alleged that Patrick Beverly, 34, sold about $90 worth of fentanyl pills to the man who died. Beverly was charged with distributing less than four grams of fentanyl — which typically carries a potential sentence of between two and four years in prison. But because the 26-year-old died, Beverly faced an increased prison sentence of between eight and 32 years.
State lawmakers upped the prison sentence for fentanyl distribution resulting in death in 2022, allowing for a longer prison term when a defendant’s distribution of fentanyl is the direct cause of the victim’s death.
Beverly’s attorneys argued that he could not have anticipated the Colorado Springs man’s suicide, and that the man’s suicide meant that Beverly’s distribution of fentanyl did not directly cause his death.
The majority of justices agreed that the victim’s suicidal intent could be relevant to whether Beverly’s sale of fentanyl directly resulted in the victim’s death, and ruled that jurors should be shown the evidence of the man’s suicide so that they can make their own decision on relevance.
Justices Brian Boatright and Maria Berkenkotter dissented, arguing that selling illicit fentanyl is inherently dangerous and potentially deadly, and that the victim’s suicide was irrelevant to the law.
“Given the danger inherent in illegal fentanyl use, the risk of death… was foreseeable at the time of distribution, regardless of whether the death was an intentional suicide or an accidental overdose,” Boatright wrote in the dissent. “Selling fentanyl obtained on the black market is the equivalent of selling someone a gun and bullets, knowing that the purchaser plans to repeatedly play Russian Roulette. Death of the person buying the gun and bullets, under those circumstances, is not only foreseeable, but virtually inevitable.”
Beverly’s attorney did not immediately return a request for comment Monday.
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An investigation is underway after authorities found a body near a picnic area in western Colorado last weekend that appears to have been eaten by a bear.
The Mesa County Sheriff’s Office says the human remains were located on Sunday near the Wild Rose Picnic Area off Lands End Road on the Grand Mesa. Investigators say the remains were scavenged and scattered, and they believe the person was consumed by a bear and other wildlife.
The Mesa County Coroner’s Office is working to identify the person and officially determine their cause of death.
The sheriff’s office is asking anyone who was in the area of the Wild Rose Campground between June 22 and July 5, 2026, and noticed anything suspicious to contact Investigator Jenna Reed at (970) 244-3274.
They added that Colorado Parks and Wildlife believes there is no threat to the community at this time.
The area is home to black bears, and the MCSO shared several guidelines for the community to prevent human-bear conflicts:
- Stay alert and together: Go with others when possible, keep children in sight and close by, and avoid using headphones so you can hear your surroundings.
- Food safety: Double-bag food, pack out all food and trash, and don’t burn scraps and trash in fire rings/grills or leave them behind.
- Pet safety: Keep dogs on a leash at all times or leave them at home; don’t force a bear to defend itself.
- Camping safety: Set up camps away from dense cover or natural food sources and do not cook or store food near/in a tent. Secure food in bear-resistant containers or suspend at least 10 feet above the ground and 10 feet away from any part of the tree.
- Know how to respond: Don’t approach bears; quietly move away. Never run, as it may trigger a chase response. If a bear approaches, stand your ground, wave your arms, and yell until it leaves. Stay with your group, use bear spray, and fight back aggressively if necessary.
- Bear spray: Carry bear spray and know how to use it correctly. It’s not repellent; don’t spray your tent, campsite, or belongings.
Damage assessments are still ongoing for homes and businesses affected by the Aspen Acres Fire in southern Colorado, but over 200 homes have been confirmed destroyed so far. The United Way of Southern Colorado is working to raise relief funds for those affected and says it’s making progress towards its fundraising goal.
In an update on Wednesday afternoon, Pueblo County Sheriff David Lucero said they’ve assessed approximately 67% of the properties affected in the county. Authorities have confirmed the loss of 192 homes and four commercial structures so far and are working to contact property owners as quickly as possible.
Lucero urged everyone affected by the fire to use the survivor portal for more information on assistance.
Custer County Sheriff Rich Smith says they’ve lost approximately 83 homes so far, almost 2% of the county’s homes. The worst hit area is along the Highway 165 corridor, Smith added. He said that authorities don’t expect any new evacuation areas, but are not yet ready to release the existing evacuation orders.
Smith said a hotline is available during business hours for affected Custer County Residents to ask questions. He urged residents to contact them at (719) 467-0271 and advised they may need to leave a voicemail if the line is busy due to the high number of calls.
A flash flood watch is in effect for areas near the burn scar, which could affect nearby homes.
The President of the United Way of Southern Colorado, Shanna Farmer, said the organization is working to raise wildfire relief funds for those affected. Over the last few days, they have reached just over $417,000 of their $10 million goal.
“It has been incredible, the number of individuals and companies who have come out to support, to provide matches, and to provide innovative ways to raise those funds,” said Farmer. “And so, I encourage anyone who is willing to work with us on a corporate, business, or individual level to please reach out because it is going to take all of us to help rebuild.”
Farmer said that the community not only needs help with their immediate needs but also long-term support. She urged anyone interested in donating to visit their website.
The Pueblo County Sheriff’s Office says anyone who has evacuated needs to contact the Disaster Assistance Center located at 29 Lehigh Ave. in Pueblo. The center is open between 9 a.m and 6 p.m. and provides multiple resources for those forced to evacuate.
Residents must also visit the center to obtain a re-entry pass, which will allow them to return home once evacuation orders have been lifted. A photo ID and proof of residency are required. Visitors can sign up online to reserve a place in line for faster service.
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