"For the first time in our county, we had an individual named Phillip Ng we have charged with the crime of murder for providing fentanyl to a victim, and it killed her, and she didn't know what it was," said San Mateo County District Attorney Steve Wagstaffe.
Last year in Placer County, a dealer was convicted of murder in connection with the overdose of a 15-year-old girl, and now other counties are following suit. Wagstaffe estimates about 100 charges like this have been made across the state. Many settled outside of court with two going to trial: the Placer County case, and in Riverside County another guilty verdict.
"We've already connected with their prosecutors to say 'How were you successful? How can we present this to a jury so it can be persuasive, impactful and justice flow?'" said Wagstaffe, noting it will be key to work across jurisdictions.
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"There is very little fentanyl dealing in our county," said Wagstaffe. "They go to San Francisco to get it. They know they can head up there to the Tenderloin, and it's pretty easy marketing on that...They then bring it home, take BART back down here, and then we get an overdose."
Tara Campbell: "In that case, if they were to get it in San Francisco, and overdose here San Mateo, can you charge the dealer?"
Steve Wagestaffe: "If the entire sale occurred up there, that belongs to San Francisco DA's office."
Tara Campbell: "Would you ever work collaboratively with the DA up there?"
Steve Wagstaffe: "Today, about 100% of the time might have been a little more difficult at various times in the past. But Ms. Jenkins and I have a tremendous relationship, and we work together on it, and we would find the best jurisdiction that exists to be able to prosecute those."
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"We do know that San Francisco became a popular drug market for people from all over the Bay Area. So yes, if we do have an overdose death that occurs in another county that is connected to a seller who was here in San Francisco. I'm more than willing to do my job and partner with that DA's Office and that jurisdiction to make sure the proper charges get filed," said Brooke Jenkins, San Francisco District Attorney, noting a team's been training Southern California. "We are at the table right now creating the San Francisco model because every jurisdiction has their own style of drug market, so that we again know what specific cases we will undertake investigations."
The San Mateo case charging Phillip Ng is set for a preliminary hearing in December.