Supreme Court Will Hear Heroin Death Case Involving Ames Man

An Ames man convicted on federal heroin distribution charges will be able to argue his case before the US Supreme Court.

Marcus Andrew Burrage, of Ames, was convicted of heroin distribution and distribution of heroin causing death in 2011. Burrage had sold heroin to Joshua Banka, of Nevada, who died after using Burrage's heroin and other drugs, according to a report in the Des Moines Register.

Burrage argues that the judge gave the jury incorrect directions when they were told to determine whether it was Burrage's heroin sale that caused the man's death, according to a copy of the appeal.

Burrage's attorney Des Moines attorney Angela Campbell said, in a release as reported on the Des Moines Register, that

“Burrage contends the district court incorrectly instructed the jury that the government need only prove that the heroin he is alleged to have distributed merely ‘contributed to’ Banka’s death. Burrage argues instead that the court should have instructed the jury that the government must prove that heroin was the sole cause of Banka’s death.”

A forensic toxicologist testified that Banka had heroine, marijuana and oxycodone, a prescription pain killer, and clonazepam, an anti-anxiety medication, in his system when he died.

Scotusblog.com said the case will test whether “the death-by-heroin crime exists if heroin only contributed to the death, but was not the cause.”

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