The “BUT FOR” Clause

THE BLACKFISH FILES

Fentanyl

Offense

Fentanyl Murder (Texas Penal Code 19.02 (b)(4))

The Allegation

Following the 2023 enactment of Texas House Bill 6, 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), 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.