---
title: The But For Clause - Blackfish Files - Blackfish Intelligence
description: Blackfish Intelligence helped defeat a Texas fentanyl murder charge by proving the defendant was not the legal “but for” cause of death.
image: https://blackfishintel.com/hubfs/shutterstock_2503479459.jpg
---
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# The “BUT FOR” Clause
THE BLACKFISH FILES
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## Offense
Fentanyl Murder (Texas Penal Code 19.02 (b)(4))
## The Allegation
Following the 2023 enactment of [Texas House Bill 6](https://gov.texas.gov/news/post/combat), our client faced first-degree murder charges after a friend’s fatal overdose. The State’s case relied on "last-contact" text messages, alleging our client delivered the lethal dose. Under [Texas Penal Code § 19.02(b)(4)](https://codes.findlaw.com/tx/penal-code/penal-sect-19-02/), a person can be held strictly liable for murder if they deliver fentanyl that results in death, regardless of intent.
## Our Client
He was an easy target for law enforcement; a young 25-year old man with a long history of drug abuse, but not as that of a dealer.
## His Version of the Story
Our Client admitted seeing his friend shortly before his death, but denied selling or giving him any drugs, specifically fentanyl.
## Our Findings
We looked beyond the police report to focus on proving that an "intervening cause"—a separate drug transaction—was the actual source of the tragedy. While law enforcement stopped at the text messages, we analyzed the deceased’s mobile device data and discovered a critical 75-minute window after he left our client. GPS records proved the deceased traveled to a South Dallas In-N-Out and then visited a residence identified by our team as a high-volume narcotics distribution point. We provided the defense attorney with evidence that the deceased made a second, independent purchase at this South Dallas location. By mapping these coordinates and timestamps, we demonstrated that the lethal dose was likely obtained during this second trip, not from the earlier social encounter with our client. We presented our findings to the attorney, who used this evidence to argue that the State could not prove our client was the "but for" cause of death. Our investigation established that the chain of causation was broken by the deceased’s independent actions in South Dallas.
## The Outcome
Confronted with the digital evidence and the timeline we reconstructed, the prosecution’s theory of "last contact" collapsed. The case was dismissed.
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## Daryl Parker
### PRESIDENT & SR. INVESTIGATOR
Daryl Parker is a U.S. Marine Corps veteran, and a board-certified Criminal Defense Investigator with over twenty-five years of experience in military, law enforcement, and private investigations. His work includes high-profile cold-case investigations, and founding a non-profit providing investigative services for potential wrongful conviction cases. Daryl is also a certified Force Science Analyst and a Firearms Expert.
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## JD Spielman
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## Nathan Goldman
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Nathan Goldman is the Director of Digital Forensics, leading complex digital investigations with expertise and precision. He holds a Master’s degree in Digital Forensics and Cyber Security from Sam Houston State University and a Bachelor’s degree in Criminal Justice. Certified as a Cellebrite Operator (CCO), Magnet Certified Forensics Examiner (MCFE), and Magnet Certified Verakey Examiner (MCVK), he excels in mobile, computer, and cloud-based forensic analysis.
[Contact Nathan](mailto:nathan@blackfishintel.com)
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## Maddy Wickham
### Partner
With over 10 years of experience leading complex investigative operations, Maddy Wickham is a recognized leader in high-stakes surveillance and background investigations. Named the 2025 Blackfish Investigator of the Year, she excels at surveillance operations, infiltration tactics, and multi-layered investigative strategies that deliver critical results. From skip-tracing, missing persons, asset identification, advanced OSINT analysis, and criminal investigations, Maddy has a proven track record of winning, saving clients millions of dollars in lawsuits through meticulous investigative work. She also excels in online reputation management and privacy protection, helping high-profile individuals and executives shield their personal information from public exposure. Known for her caring and disciplined approach, Maddy consistently delivers actionable intelligence that drives successful outcomes.
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#### THE BLACKFISH FILES
- [Fourth Of July Fireworks](https://blackfishintel.com/blackfish-files/fourth-of-july-fireworks)
- [Acquitted Of All Charges](https://blackfishintel.com/blackfish-files/acquitted-of-all-charges)
- [Benjamin Spencer Released](https://blackfishintel.com/blackfish-files/benjamin-spencer-released)
- [Fish Out Of Water](https://blackfishintel.com/blackfish-files/fish-out-of-water)
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