Case involving overdose goes to Grand Jury
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County Attorney: Always get medical assistance for drug overdoses
A judge presiding over the preliminary hearing on October 27, 2022 for 52 year old David D. King of Pine Knot found probable cause for all three charges levied against King to be sent on to the Grand Jury. King was arrested earlier this fall and charged with Manslaughter 2nd Degree, Tampering with Physical Evidence, and Wanton Endangerment 1st Degree after King allegedly abandoned 32 year old Justin C. Musgrove in a church parking lot while Musgrove was overdosing instead of seeking medical help and providing assistance to him. Musgrove’s body was subsequently discovered by McCreary County Sheriff Randy Waters in a wooded area behind the church, just a short distance from the parking lot where King allegedly abandoned Musgrove. An autopsy on Musgrove indicated no lethal trauma occurred, and the preliminary cause of death was thought to be overdose. Investigators viewed camera footage from the church prior to arresting King.
McCreary County Attorney Austin Price said if King is indicted by the Grand Jury and subsequently found guilty on all three charges, he is facing the possibility of up to twenty years imprisonment.
“All he had to do was call for assistance or drop him (Musgrove) off to get medical attention,” Price declared. “He could have called the police or EMS or taken Musgrove to a doctor’s office or EMS building to get medical help. Now, if found guilty, he may face up to twenty years in prison, and one man is dead.”
Attorney Price cited Kentucky statute 218A.133 which states in part that a person shall not be charged with or prosecuted for a criminal offense regarding possession of a controlled substance or drug paraphernalia if:
(a) In good faith, medical assistance with a drug overdose is sought from a public safety answering point, emergency medical services, a law enforcement officer, or a health practitioner because the person: 1. Requests emergency medical assistance for himself or herself or another person; 2. Acts in concert with another person who requests emergency medical assistance; or 3. Appears to be in need of emergency medical assistance and is the individual for whom the request was made;
(b) The person remains with, or is, the individual who appears to be experiencing a drug overdose until the requested assistance is provided; and
(c) The evidence for the charge or prosecution is obtained as a result of the drug overdose and the need for medical assistance.
“As long as an individual is seeking medical help in the case of an overdose, there is clear defense for that person to not be charged or prosecuted with a criminal offense involving the possession of a controlled substance or drug paraphernalia,” Attorney Price reiterated. “Everyone needs to understand that.”
“If a person is overdosing and needs medical attention, get help immediately,” Price instructed.