Dealers in OD cases may soon face murder charge

CONCORD, N.H. - New Hampshire's attorney announced this week that he plans to have prosecutors pursue murder charges against dealers of drugs that lead to overdose deaths like heroin and the painkiller fentanyl which killed a teenage Rochester girl in October.

"The message to dealers is: If you sell this stuff here and we can (figure) the facts out, you will be going to jail for a very, very long time," Attorney General Joseph Foster said.

Drug deaths in New Hampshire are predicted to top 400 in 2015, with more than half resulting from people taking fentanyl, a powerful opioid that's being abused by addicts. It is at least 40 times as powerful as heroin, Foster said.

Eva Tarmey, a Spaulding High senior, died in a Rochester motel room in October after snorting fentanyl, according to police affidavits.

Prosecutors can already pursue a "death resulting" charge against dealers under the state's controlled drug act, a charge that can carry life in prison.

However, it can be tough to prove without a paper trail or witnesses who will testify.

The new direction will bend the mindset for law enforcement across the state to pursue second-degree murder charges and treat overdose scenes as crime scenes.

Foster is asking lawmakers for $115,000 to fund a new prosecutor focused on drug cases. He is also exploring using a federal grant to hire a second drug prosecutor.

"People who sell fentanyl are selling poison," he said.