A Las Vegas man was sentenced Thursday to 20 years in prison for selling fentanyl pills to an 18-year-old Park City resident who almost died after taking them but was saved by the administration of Narcan, which reverses an opioid overdose.
Colin Andrew Shapard had agreed in a plea deal to the sentence imposed by U.S. District Judge Howard Nielson Jr. in Salt Lake City. The 22-year-old, who used to live in Park City, pleaded guilty in December to one count of distribution of a controlled substance that resulted in serious bodily injury.
Nielson also ordered Shapard to be placed on three years of supervised release after he completes his prison term and to pay $10,172 in restitution to the victim for ambulance and hospital bills.
In a sentencing memorandum, the U.S. Attorney’s Office said the need for the two-decade prison term most clearly reveals itself in Shapard’s actions in 2016.
The then-15 year old navigated the “dark web” to acquire the dangerous synthetic opioid U-47700, also called pinky or pink, and distributed the drug to other students, according to the memo. Within 48 hours of each other in September 2016, two 13-year-old boys who had gotten “the deadly drug with the cute name” from Shapard died, federal prosecutors said in the memo.
Shapard, who was prosecuted in the juvenile court system, was “explicably” allowed to admit to a misdemeanor and was sentenced to drug treatment and community service despite being responsible for the deaths of the two Treasure Mountain Junior High students, the prosecutors said.
At the time of the boys’ deaths, the drug was not illegal to purchase. The Drug Enforcement Administration made U-47700 a Schedule I substance in November 2016, which meant it may not be prescribed, dispensed or administered.
The 18-year-old in the current case lost consciousness on Feb. 10, 2022, after taking pills stamped with “M” and “30,” consistent with the appearance of oxycodone pills. Emergency medical personnel who responded to a call from his father administered the Narcan.
Testing revealed the pills were fentanyl-laced fake oxycodone, according to court documents.
Shapard apologized in court Thursday, saying he is sorry for the pain and suffering his actions caused.
Assistant U.S. Attorney Sirena Wissler said Shapard knew the dangers of the drugs he was selling but told his buyers repeatedly he had tested them and they had no fentanyl.
The prosecutors said Shapard’s decision to continue distributing dangerous opioids was clearly not out of ignorance and does not seem to be primarily motivated by financial need.
“In the absence of any other conceivable explanation, the United States has considered the possibility that Mr. Shapard chose to distribute highly dangerous opioids, which he knew to be killing people, simply because he enjoyed being a drug dealer,” they said in the memorandum.
Defense attorney Fred Metos said in a sentencing memorandum that Shapard’s childhood and teenage years were “somewhat chaotic,” with his family moving to various locations around the United States and internationally due to the father’s employment in the hospitality industry. That resulted in a lack of stability in friendships and personal relationships, which was coupled with witnessing the conflicts between his parents, who eventually divorced, he said.
Shapard, whose family moved to Park City when he was 12, began using drugs at about age 13, was addicted to opiates by age 14 and attempted suicide in December 2015, according to the memorandum.
In 2020, Shapard began having nonepileptic seizures, which caused him to fall and dislocate a shoulder, according to the memorandum. He was prescribed opioids after his shoulder was injured again during another seizure and began buying opioid-based drugs online for himself after his prescriptions were discontinued, then started distributing the drugs to others.
Metos said Shapard also has been diagnosed with anxiety, depression, attention-deficit hyperactivity disorder and bipolar disorder. At the defense attorney’s request, Nielson recommended that Shapard be placed in a facility that would provide the physical and mental health services he needs.
U.S. Attorney Trina A. Higgins of the District of Utah noted in a written statement that fentanyl is 100 times stronger than morphine and 50 times stronger than heroin.
“Had it not been for the quick response from the victim’s family and the fast acting first responders who administered Narcan this would have been a more tragic outcome,” Higgins said. “My office will vigorously prosecute those who distribute this poison in the state of Utah, particularly those who repeat the same behavior.”
On Friday, Higgins and Dustin Gillespie, of the U.S. Drug Enforcement Administration’s Rocky Mountain Field Division, announced the formation of the Utah Drug Overdose Task Force (UDOTF). Its goal is to raise awareness and increase the number of cases that are prosecuted through proper evidence collection and preservation.
Officers from agencies from 10 state, local and federal agencies serve on the task force as a collateral duty when needed, according to a news release. The U.S. Attorney’s Office currently has 10 cases that are under investigation or have indicted defendants that are a result of UDOTF’s work, the release says.
UDOTF is getting funding for state and local overtime from the Department of Justice Organized Crime Drug Enforcement Task Forces. The funds allow task force members to assist a first responder after hours through the processing of a crime scene. DEA’s High Intensity Drug Trafficking Areas also has assisted with supplies needed to preserve and secure evidence.
The release cites data from the Utah Department of Health and Human Services that says 603 Utahns died from a drug overdose in 2021. Of those deaths, 67% were related to opioids and 29% were related to fentanyl. https://opidemic.utah.gov
The participating agencies are the DEA, U.S. Attorney’s Office for Utah, Davis County Sheriff’s Office, Homeland Security Investigations, Layton Police Department, Ogden Police Department, Salt Lake City Police Department, Sandy Police Department, South Jordan Police Department and Unified Police Department/Salt Lake City Sheriff’s Office​.