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Federal efforts ramping up to address rising number of fentanyl deaths

EL PASO COUNTY, Colo. (KRDO) -- A sharp rise in fentanyl deaths is prompting the federal government to expand its resources to fight those distributing the illicit drug in Colorado. 

Right now, if someone distributes fentanyl and the person who takes the drug dies, there is very little that Colorado police and prosecutors can do. The U.S. Attorney's office is ramping up its efforts to help reduce what they think is a gap in state law. 

Distribution of fentanyl is a drug felony in Colorado. However, District Attorney Michael Allen says that many key sentencing enhancers, that exist on the federal level to prosecute people who distribute a drug that result in death, don't exist at the state level.

"On the federal side if somebody distributes a controlled substance and it leads to a death case that's a mandatory 20 years to life in prison sentence," Allen explained. "The most we can ever hope for is probably manslaughter but there would have to be very specific facts that would fit that and manslaughter is a probation eligible offense too."

Allen said there is currently an effort underway to get a special assistant from the U.S. Attorney's Office assigned to drug cases resulting in death in El Paso County. He said this is necessary because he believes fentanyl-related deaths are only going to keep increasing unless drug distributors are held responsible.

"Colorado law is just not built to address this issue. I would much rather prosecute these cases locally because this is the community that we serve," Allen said.

Thursday, local and state lawmakers addressed the public on the increase in fentanyl deaths in Colorado.

"It is killing our neighbors. It is killing families. It is killing people throughout our state," Cole Finnegan, United States Attorney for Colorado said.

Brian Besser, the Colorado DEA Special Agent in Charge, had a powerful display of how much fentanyl is being brought into Colorado.

Fentanyl on Display

He brought out thousands of blue fentanyl pills and put them on display for the public to see.

"Each one of these pills to me is a human life," Besser said. "If you view this bag any differently than this bag, you've got a bag full of bullets, then you are not understanding the gravity of this issue."

Besser said the DEA has seized over 10 times the amount he put on display just in the Denver metro area in the last week alone.

The 4th Judicial District Attorney’s Office was joined by the U.S. Attorney's Office for the District of Colorado, the Federal Bureau of Investigation, the Colorado Springs Police Department, the El Paso County Sheriff's Office, and the El Paso County Coroner's Office, and the Drug Enforcement Agency.

Each agency outlined alarming statistics tied to the rise of fentanyl in Southern Colorado. El Paso County Coroner, Dr. Leon Kelly, said there was a 22% increase in overall drug crimes in 2021, largely because of the prevalence of fentanyl.

"In 2017, five years ago in this community, we saw a total of 5 fentanyl deaths. In the last five years we have seen that number double year after year to reach our total of 99 accidental fentanyl deaths," Dr. Kelly said.

Watch the full press conference below:

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