18 Dec Delay sets stage for Colt Leitess to tackle fatal overdose case
The trial of a Millersville man charged with manslaughter for selling a fatal dose of fentanyl to a 16-year-old has been delayed until May, setting the stage for the case to be handled by the incoming state’s attorney.
Originally scheduled for this month, Circuit Court Judge Michael Wachs delayed the trial of Jason Patton Baker, 45, on involuntary manslaughter charges for the death of Josiah Christopher Klaes, 16, of Glen Burnie, last year.
The trial is now scheduled to begin May 7, about four months after county State’s Attorney-Elect Anne Colt Leitess replaces current State’s Attorney Wes Adams. It comes at the request of Baker’s attorneys, who did not return requests for comment Monday.
The postponement sets the stage for Leitess to make her mark on how she wants to tackle prosecuting such cases. The county has set a new record for annual overdose deaths, 159 as of Dec. 11, according to police.
While being amenable to diverting nonviolent criminals to treatment rather than jail if their crimes were linked to addiction, Adams also looked to be more aggressive against suspected dealers.
Armed with a newly created “Fatal Overdose Unit” created by Anne Arundel County police to investigate overdose deaths as homicides, Adams charged a handful of people suspected of selling fatal drugs with involuntary manslaughter.
His hope was to prosecute the cases in a fashion similar to more traditional homicide cases, in part to send a message to dealers. Gov. Larry Hogan has been on board with the tactic, going so far as to praise St. Mary’s County law enforcement for bringing second-degree murder charges against some alleged dealers.
However, following a ruling from the Court of Special Appeals that found a Worcester County man could not be found guilty of the charge for selling another man a fatal dose of heroin, the tactic hasn’t seen much success.
In several cases, the charge has been dropped by a grand jury, judge or even the prosecutors themselves.
Colt Leitess declined to comment on the postponement.
However, she has said Adams’ office has overreached in the past regarding similar cases.
In April, Leitess called it a “politically motivated charge” in an editorial board meeting with The Capital and criticized Adams for bringing the charge against a Baltimore County woman accused of selling a fatal dose of methadone to a Millersville man.
Prosecutors said they dropped all charges against Stacey Baumgartner, 37, of Halethorpe, as they anticipated the case moving venues. No other prosecutor in the state has charged her since the offenses were dropped on April 4, court records show.
Colt Leitess did not rule out the charge entirely, however, as she said there are situations where involuntary manslaughter is appropriate.
“I think you can try somebody for manslaughter, but you have to investigate the case from every angle,” she said. “You have to be very careful and you have to wait until you have the medical examiner’s report.”
Adams’ prosecutors dropped the charge against Jacob Caldwell, 27, of Brooklyn, who was accused of selling a fatal dose of heroin laced with fentanyl to Jared Weddle, 28, of Pasadena.
After Caldwell was initially charged with involuntary manslaughter, a grand jury did not carry the offense in their indictment.
Emily Morse, a spokeswoman for the State’s Attorney’s Office, said the charge was dropped after a toxicology report ruled his death could be ruled as solely due to a fentanyl overdose.
While he initially faced manslaughter and felony drug charges, he pleaded guilty to one county of distribution in Sept. 18 and referred to Adult Drug Court for addiction treatment, avoiding prison.
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