Colorado Springs woman convicted federally for distributing fentanyl leading to a death

COLORADO SPRINGS, Colo (KRDO) -- A Colorado Springs woman was convicted in federal court for distributing fentanyl that led to the death of a juvenile because Colorado law has lighter penalties for the same crime.

Marlene McGuire, 58, was found guilty of selling four fentanyl pills at a Colorado Springs fire station to three juveniles in January 2022. According to the United States Attorney’s Office in Colorado, one of the kids died from an overdose that night.

According to court documents, the Colorado Springs Police Department responded to the scene and found paraphernalia used for smoking fentanyl pills in the juvenile’s room and two blue pills in a baggie in his dresser drawer. El Paso County Coroner’s Office determined the juvenile’s cause of death was acute fentanyl and para-fluoro-fentanyl toxicity, and the Drug Enforcement Administration (DEA) Western Laboratory said both pills contained para-fluoro-fentanyl.

Through interviews with the other juveniles involved, the FBI learned the mother of the kid who died introduced the kids to drugs and sold them Xanax in the past. She later introduced them to her drug dealers, who sold them the fentanyl pills that led to the drug overdose.

The mother, Maria Davis-Conchie, was arrested in February 2022 and pleaded guilty last month to distributing a controlled substance to persons under 21. Three days after Davis-Conchie’s arrest, the Colorado Springs Police executed a search warrant at McGuire’s house.

Both McGuire and Douglas Floyd, another person who gave drugs to the juveniles, were inside the house and arrested. The police recovered methamphetamine, heroin, cocaine, pills, and mushrooms.

In July, Floyd pleaded guilty to distributing fentanyl resulting in a death. Two months later, McGuire was convicted for the same charge in federal court.

Although the case was investigated by the Colorado Springs Police, it was prosecuted by the United States Attorney’s Office in Colorado, because federal charges differ from state charges for distribution of fentanyl resulting in death.

Back in April 2022, around the same time these three defendants were charged, 4th Judicial District Attorney Michael Allen told 13 Investigates federally if somebody distributes a controlled substance and it leads to a death that's a mandatory 20 years to life in prison sentence. But at the state level, the highest charge Allen would be able to pursue would be manslaughter, which is a probation-eligible offense, and still a longshot.

“There's only been a couple of cases in the entire state where manslaughter has applied to a situation like this,” he said. “So it does impact and it does reflect the idea that Colorado law just is not built to address this issue today.”

Last year, a bipartisan bill was introduced that would make it a level 1 drug felony if a person distributes or sells a controlled substance that causes the death of another person. A level 1 drug felony could be prison time of eight to 32 years — an increase from the penalty of two to six years for manslaughter, but still less than the mandatory minimum of 20 years at the federal level.

“I'm hoping that we can get this legislation that's been introduced, modeled to fit something closer to what we have in the federal system so that we can properly and effectively deal with it on the state side and not have to take it to the federal system,” Allen said. “I would much rather prosecute these cases locally because this is the community that we serve.”

However, the bill failed in the House.

"They really just feel that any anything that increases criminal penalties or establishes new criminal penalties, they cast a very skeptical eye on," said Democratic State Representative Marc Snyder, one of the sponsors of the bill.

Another sponsor of the bill, Republican State Senator Byron Pelton, told 13 Investigates the legislation will be re-introduced at the next legislative session.

"If we really want to address the crisis, we can't eliminate any of the tools in our toolbox," Snyder said. "I think that's a debate we're going to continue to have this session in the legislature."

McGuire will be sentenced in December. 13 Investigates’ previous coverage of people convicted federally for distributing fentanyl leading to a death shows the typical sentence is the mandatory minimum of 20 years in prison.

“The prison sentences we've achieved in the state system are much, much shorter than what we can get on the federal side,” Allen said.