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Opinion: Addiction, accountability or overreach?

The recent sentencing of a Huntingdon County man in Lehigh County Court piqued my curiosity about a relatively new area of the law that I’m not really sure how to take.

Earlier this month, Dennis A. Yenser, 50, was sentenced to 7-14 years in state prison after pleading guilty to a charge of drug delivery resulting in death in connection with the 2021 overdose of Charles E. Frable, 19, in North Whitehall Township.

A coroner ruled Frable’s death as accidental caused by methamphetamine and fentanyl toxicity – more commonly known as an overdose.

Police determined that Yenser delivered the drugs that caused Frable’s death. He was apprehended in 2023 after breaking federal parole.

Sentencings like Yenser’s are becoming more common, raising questions and spurring debate across the state.

This case and others like it make me wonder whether the legal system is saving lives or adding to tragedy. It’s a prickly blend of law and ethics that may be meted out in some parts of the state, but not others.

Pennsylvania’s law – once a form of third-degree murder and now a first-degree felony with a maximun sentence of 40 years -- has been on the books since the 1980s with the original target being high-level heroin traffickers when that epidemic was raging.

Over time, the law was applied in smaller-scale cases that included situations where someone charged was a friend, partner or fellow-user.

It’s been expanded to a variety of controlled substances including prescription drugs and opioids.

Statistics show that statewide, the charge increased 16% from 2022 to 2023, but convictions dropped 59% at the same time.

Some say that’s happening because of increasing challenges that prove cause – that the specific drug provided indeed caused the death – and the intent to deliver a fatal dosage.

Despite that, other supporters of the law say it still deters dealers, sending a signal to others who might sell or share dangerous drugs, especially in these times of increased concern about fentanyl use.

And others claim imprisoning a dealer would offer a sense of justice and closure for a victim’s family.

For each of those arguments, opponents have an answer.

Foremost is their contention is just how complex an overdose case might be. Many of the users, they say, struggle with addiction. That blurs the lines between a dealer and someone who might be a co-user.

Also, they say that punishment isn’t administered equally.

Lancaster County leads the state in delivery resulting in death charges, while they’re almost non-existent in Philadelphia. And sentences like the one Yenser received could exceed some given for more violent crimes.

The laundry list of felony foes gets longer, too.

Opponents contend that people who may have supplied drugs – even casually – would hesitate or refuse to call 911 for fear of being implicated in a drug-related death

Others say that it might target friends or family, especially since charges can be levied against friends who shared drugs, romantic partners or fellow users in recovery or relapse.

A scenario like that might deepen trauma for grieving families and at the same time not addressing the root of the problem.

And fear of prosecution might harm the relationship between users and public health workers if they’re seen as being connected to law enforcement.

In Harrisburg, lawmakers remain divided on how to address overdose deaths tied to fentanyl. Earlier this year, the state Senate passed Senate Bill 92, which would impose stricter penalties on drug dealers whose fentanyl sales result in a fatal overdose. Convictions would carry a mandatory 10-year prison sentence and a minimum $15,000 fine, though friends, family or those seeking medical help for victims would be exempt.

In the state House, the Judiciary Committee is weighing two different approaches. One proposal would repeal the current statute and create a new offense — drug delivery resulting in death or serious bodily injury — treating it as an assault rather than homicide. That shift could lessen sentencing severity. A competing bill would keep drug delivery resulting in death as a felony but clarify that charges apply only when someone intentionally manufactures, administers or delivers a substance that causes death. Convictions could still bring up to 40 years in prison.

At the heart of the debate is whether the law should prioritize accountability or compassion. Effective solutions must be grounded in evidence, not retribution.They might ask themselves whether justice is better served by locking some up or using a more humane approach in the war on drugs. Policy makers need to choose which way they’re heading.

The stakes have never been higher.

ED SOCHA | tneditor@tnonline.com