Colorado Supreme Court: Suicidal intent can be considered in El Paso County fentanyl distribution case

EL PASO COUNTY, Colo. (KRDO) – On Monday, the Colorado Supreme Court ruled that state law allows jurors to consider a drug buyer’s suicidal intent when determining a fentanyl distributor's guilt in their death – a decision that stems from a deadly fentanyl case in El Paso County.

The ruling marks the first time that the relatively new state law, which aims to impose harsher penalties on fentanyl distributors, has been interpreted by the court. Under the 2022 law, those accused of distributing fentanyl can face lengthy prison terms if the drug they sold is found to be the “proximate cause” of someone’s death.

On Monday, the Colorado Supreme Court ruled that evidence of a buyer’s suicidal intent “may be relevant” in the case against Patrick Beverly, an El Paso County resident.

Beverly is accused of selling pills containing fentanyl to Colorado Springs resident Matthew Bowen in August of 2023. Bowen died after taking the pills, and an autopsy determined his cause of death was "fentanyl intoxication." The El Paso County Coroner later ruled Bowen’s death a suicide.

Beverly was charged with a Level 1 Drug felony, but uncertainty surrounded whether he could be held responsible for Bowen's death, as it was ruled an intentional overdose.

In a split 5-2 ruling, the justices decided that a buyer's suicidal intent was something a jury could consider when sentencing a distributor for their role in a fentanyl-related death.

“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,” Chief Justice Monica Márquez wrote in the majority opinion. "When a purchaser consumes large amounts of fentanyl with the intent to die by suicide, they make ‘a voluntary and willful choice.’ ”

Two justices dissented, arguing that because of fentanyl’s deadly nature, a buyer’s death is always foreseeable – and if the sale of the drug leads to that death, it should warrant a conviction.

"The prosecution need only establish that the defendant distributed fentanyl to another person and that the person died because of that same fentanyl. Whether the person intended to end their life is irrelevant," Justice Brian D. Boatright wrote in his dissent.

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