RivCo DA Files First-Ever Murder Charge Against Fentanyl Dealer

RIVERSIDE COUNTY, CA — For the first time in Riverside County’s history, a man who is accused of dealing fentanyl-laced pills has been charged with murder following the overdose death of one of his buyers.

Joseph Michael Costanza, 21, of Eastvale has been charged with one count of second-degree murder in connection with the Oct. 4 fentanyl-overdose death of 18-year-old Eastvale resident Angel Vazquez who purchased the narcotic from him, according to the district attorney's office.

A 16-year-old teen who was with Vazquez also overdosed on a fentanyl-laced pill provided by Costanza, but the juvenile survived, according to Riverside County District Attorney Mike Hestrin.

In addition to one count of second-degree murder, Costanza has been charged with one count of sales of a controlled substance, fentanyl, to a minor with an enhancement of drug sales to a minor at least four years younger, and an allegation of causing great bodily injury; and two counts of possession of a controlled substance, fentanyl, for sales.

If convicted as now charged, Costanza is facing a maximum of 17 years for the drug-related counts and 15 years to life for second-degree murder.

During a press briefing Monday morning, Hestrin said prosecuting an overdose or drug-poisoning death as murder is not easy. Prosecutors must prove Costanza is not only guilty of selling fentanyl but that he also had “specific knowledge” of the synthetic opioid's dangers.

Prosecutors will try the case under the “Watson murder rule,” similar to legal precedence used when filing a second-degree murder charge against an intoxicated driver who ends up killing someone in a crash. The rule argues that intoxicated drivers have “implied malice” — they know ahead of time that their actions can have deadly consequences.

Riverside County Sheriff Chad Bianco was on hand for Monday's briefing and said there is a great deal of evidence against Costanza, including multiple overdoses linked to him. Hestrin said he believes the case is solid, but explained more laws are needed to give prosecutors “the tools” to hold other fentanyl dealers accountable.

Earlier this month, State Senator Melissa Melendez (R-Lake Elsinore) introduced state Senate Bill 350. Dubbed "Alexandra's Law," the bill addresses implied malice under the Watson murder rule.

The bill would require that a person convicted of selling, manufacturing, transporting, etc., a dangerous narcotic receive a written advisory of the danger of manufacturing and distribution of controlled substances. The bill would require that the fact the advisory was given be on the record and recorded on the abstract of conviction. The paper trail could make it easier for a narcotics-induced murder charge to stick on a repeat drug offender whose product leads to death.

Hestin lauded the bill, which is named in memory of 20-year-old Alexandra Capelouto, a 2017 Great Oak High School graduate who died Dec. 23, 2019 from fentanyl poisoning after she took a pill marketed to her as oxycodone by a drug dealer, said Temecula resident Matt Capelouto, who is Alexandra's father.

Capelouto and his wife were in the audience Monday during the news briefing. A murder charge has yet to be filed against the person who provided their daughter with fentanyl.

After the news briefing, Capelouto said the murder charge against Costanza "is definitely a step in the right direction. There is still a lot of work to do. I sincerely hope that our state legislators listen to law enforcement and us parents who have lost a child to fentanyl poisoning. I know far more about this issue than any parent should ever know. Our voices need to be heard."

As of Feb. 17, Alexandra's Law was referred to the California Senate Public Safety Committee, where it remained Monday.

“There is no safe way to use or sell fentanyl,” Hestrin said during the news briefing. “Fentanyl is lethal to the human body. It’s a menace; people are dying.”

The increase in fentanyl overdoses has been staggering in Riverside County. In 2016, two people died from fentanyl poisoning countywide, according to the sheriff. That number jumped to 55 in 2018, and by last year the figure reached 227. Thousands-more fentanyl-related deaths would have been recorded if it weren’t for Narcan, Bianco said. Narcan is a nasal spray carried by law enforcement and first responders to treat suspected drug overdoses.

In most cases, buyers are unaware the pill they’ve purchased from a narcotics trafficker contains fentanyl — they believe they are taking Vicodin, oxycodone, Percocet or some other drug, according to Bianco, who noted that fentanyl is also being cut with other illegal substances, like methamphetamine.

It only takes about 2 milligrams of fentanyl to kill a human, and the drug is very inexpensive to manufacture. China is the main fentanyl supplier, and the narcotic is making its way to the U.S. by way of Mexico, Bianco said.

“The chances of you taking fentanyl are extremely high,” the sheriff warned black-market drug buyers.

Assistant U.S. Attorney Jerry Yang was also on hand during Monday’s briefing. He announced that a prosecutor from the Riverside County District Attorney’s office is joining federal efforts to bring fentanyl dealers to justice.

Yang called the fentanyl situation a crisis, saying the narcotic is now causing “more overdose deaths than any other illicit drug.”