A Wyoming man was given 15-20 years in prison Thursday for selling the fentanyl-laced drugs that killed a Cody man last year.
It’s the first time in Wyoming someone has been convicted and sentenced for selling fentanyl-laced drugs that resulted in the death of another person, according to a legal expert.
Anthony Michael Fuentes, 37, was given his sentence by Judge William Simpson in Park County District Court on Thursday evening following a nearly six-hour — and at times contentious — hearing that stretched well into the night.
While Fuentes will spend the next 15-20 years in prison, the mother of his victim, Jordan Jackson, said she’s also living in a prison of her own and put there by Fuentes.
“I go to the cemetery, and I sit at Jordan's gravesite crying, playing songs, such as ‘Jealous of the Angels,’ wishing I could speak to him, see his face again,” Brenda Armstrong told the court, choking back tears.
The sentencing followed the admission of Fuentes’ Alford plea, a variation of a guilty plea in which a person maintains his innocence while agreeing to the conviction.
As part of the plea agreement, Park County Deputy Attorney Jack Hatfield II agreed to drop a second lesser charge of conspiracy to deliver a controlled substance.
Fuentes faced a maximum of 20 years and a $10,000 fine, with the state requesting 18-20 years and Fuentes’ attorney, Christina Cherni, lobbying for a much lower sentence of a maximum of eight years.
Both agreed to $7,000 in restitution, though Judge Simpson ordered the full $10,000 fine.
Accidental Overdose
The manslaughter charge stems from earlier drug charges in neighboring Big Horn County related to the death of Jackson on Jan. 2, 2023, when Fuentes sold him two fake oxycodone pills containing fentanyl, according to charging documents.
Jackson was found dead in his Cody apartment the next day, with an autopsy revealing the cause of death as an accidental overdose of fentanyl.
When questioned by Special Agent Jonathan Shane Reece of the Wyoming Department of Criminal Investigation after he used Jackson’s phone to trace the sale, Fuentes later admitted to getting 40 counterfeit pills in Denver, two of which he sold to Jackson for $80, court documents state.
Fuentes was charged with four felonies, including possession of counterfeit oxycodone pills laced with fentanyl and intent to deliver, as well as a misdemeanor charge for drug possession.
On Dec. 19, he pleaded no contest, another variation of a guilty plea, to the felonies and was sentenced to three to five years.
Judge Simpson ruled both sentences to run concurrently.
Didn’t Deserve To Die
Jackson’s mother was the first to give the court a victim impact statement Thursday.
From the onset, it was clear more time would be needed beyond the allotted two-and-a-half hours to accommodate the reading of the 40 statements presented by the state, three of whom attended in person with another half dozen in court to speak on Fuentes’ behalf.
This was a point of contention with the judge when Hatfield said he had earlier in the week asked for more time, which due to the death of a spouse of an employee, didn’t make it to Simpson.
He admonished Hatfield for providing the state’s victim witness statements “about five minutes before the hearing began that necessitated going through every statement,” while Cherni had submitted hers a week in advance.
Judge Simpson nonetheless extended the hearing to accommodate all the statements, which were read by Michelle Horn, Park County victim witness coordinator, for roughly three hours.
Simpson declined to skip the verbal reading of the letters because he said every voice deserved to be heard given the magnitude of the crime and emotional impact on both sides.
Armstrong spoke of her immeasurable grief at the loss of her son and her anger toward Fuentes for selling drugs that contain “poison.”
“I can't even muster the words to describe the heartache and pain I have felt. Mr. Fuentes,” Armstrong began.
She and her family just celebrated what would have been Jackson’s 27th birthday the day before at the cemetery, she tearfully said.
“I go to the cemetery, and I sit at Jordan's gravesite crying, playing songs, such as ‘Jealous of the Angels,’ wishing I could speak to him, see his face again,” she said, choking back tears.
She went on to describe her emotional and physical pain in the wake of Jackson’s death and how hard her day-to-day life is without her son.
Armstrong described Jackson’s many talents and his love of music, sports and family.
These sentiments were echoed by Jackson’s brothers, girlfriend and many cousins, family members and friends, all of whom spoke of his special gifts and qualities and a life snuffed out far too soon.
Many of the statements took aim at Fuentes for knowingly selling fentanyl-laced drugs for profit.
Changed Man
For his part, Fuentes’ family and friends spoke of a good man who had made a mistake that should not define him. They also said he has since changed during his near 18-month incarceration in both the Big Horn and Park County jails.
“Anthony has always been a great dad and man,” his fiance, Cindy Rios, said. “He is generous, considerate, helpful and honest. Since the day I met Anthony, he has been hard-working and always willing, willing to lend a helping hand to anyone.”
She further spoke of how hard Fuentes’ arrest has been on she and her family, including Fuentes’ adopted teenage daughter who also took the stand to speak on his behalf.
All insisted he’d made a mistake selling drugs and falling prey to his own addiction, though did not intentionally know he was selling pills laced with fentanyl.
Hatfield scored no points with either Simpson or listeners online who were following the proceedings — some with mics unmuted — when he questioned Rios about whether Fuentes sold drugs from their apartment with children present and how much of the drug sale money benefitted the family.
Rios said she had no knowledge of drug sales or money.
Minister Darren Butcher also spoke of his interactions with Fuentes in prison, calling him a changed man and asking the judge for grace and leniency.
Fuentes apologized to Armstrong for her loss during his allocution, saying he understands her heartbreak and suffering because he, too, had lost a son.
He further stated that his addiction had led to his criminal actions and that he’d turned to selling drugs as a means of supporting his family in addition to his other jobs, and spoke of his faith in God.
“I have prayed for forgiveness of my sins and repented,” he told the court. “I pray for peace and healing for Mr. Jackson’s family as well.”
Fentanyl Or Not?
Missing from Fuentes’ admissions of guilt was whether he knowingly sold drugs laced with fentanyl, which has been the basis of his attorney’s argument, who insisted that her client thought he selling Percocet until his Jan. 3 interview with DCI.
DCI Special Agent Sean Reece, however, refuted that claim, stating in his testimony that Fuentes did not deny that the drugs contained fentanyl when asked during his initial interview with law enforcement.
Hatfield seized on this point during his closing arguments, noting that Fuentes had previously pleaded “not contest” to the charges in Big Horn County that he’d sold illicit opioids containing fentanyl.
He further said that this was not a “one-time only mistake” given the evidence that shows he’d sold Jackson illicit opioids on more than a dozen occasions at an excessive profit of 4,000%.
He called fentanyl a “scourge on society” in Wyoming and elsewhere designed to kill people.
“Fentanyl is being cheaply manufactured as a weapon by our enemies to destroy our country from within,” he said, asking Judge Simpson for the maximum sentence to make an example out of Fuentes to discourage other dealers.
No Easy Decision
As he delivered the sentences, Judge Simpson made it clear that this was not an easy decision or one reached lightly.
He noted that both families have suffered greatly as a result of Fuentes’ actions and urged both sides to focus on healing and support their respective families.
He bemoaned the state of current society and the legalization of marijuana and other drugs in neighboring states and the detriment of addiction to society in general.
Ultimately, however, Simpson stated that Fuentes’ admission that he sold drugs to support his family was not acceptable, while urging him to take responsibility for his actions.
“And you know, I got to tell you one thing. I look at all this testimony, and I look at this, you know, you said you wanted to sell those fentanyl pills,” he said. “Maybe you knew, maybe you didn't. I don't know.
“But fact of the matter is, you sold them to Jordy. You said it was because you wanted to raise money.”
The judge said he knows people he grew up with who “work hard to do the right thing and to believe in God and country,” working three or four jobs without turning to illegal activity.
“We live in the world of the easy fixes. See, everybody wants it now, whatever it is — joy, pleasure, money — but life doesn't work that way,” Simpson said. “Anything worth anything is sweat and tears and blood.”
Setting Precedent
This is the first time a Wyoming resident has been charged with and convicted of manslaughter for a drug overdose, including fentanyl, according to Big Horn County Prosecuting Attorney Marcia Bean, who prosecuted the initial felony charges.
Jen Kocher can be reached at jen@cowboystatedaily.com.