Number of DDRD charges filed increasing, but convictions are decreasing, study shows

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The number of DDRD charges filed has increased in recent years, but convictions are decreasing, study shows

CourtesyAdministrative Office of Public Courts

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The number of cases charged as a drug delivery resulting in death has gone up in Pennsylvania.

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The number of people in Pennsylvania who have been charged for the crime of delivering the drugs that led to another person’s death (DDRD) has increased, but convictions for the offense have decreased, according to a report from the Administrative Office of Pennsylvania Courts.

In all of Pennsylvania, DDRD offenses increased by 16% from 2022 to 2023 with convictions decreasing by 59%, according to the AOPC.

According to the data, 24 of the 235 DDRD cases filed in 2023 resulted in a conviction.

In all, 1,117 DDRD offenses were filed statewide from 2019 to 2023, with 312 of those cases resulting in convictions.

The data shows which counties over the past five years had the highest and lowest percentage of DDRD charges. Washington County’s charge rate percentage was among the highest in the state, at 3%, while Greene County’s was among the lowest, at .09%. Fayette County’s was 2.24%.

Between 2019 and 2023, 34 DDRD cases were filed in Washington County, while 25 DDRD cases were filed in Fayette County. In Greene County, one case was filed.

“We take those DDRD cases and those deliveries extremely seriously,” said Washington County Deputy District Attorney John Friedmann. “We have heard anecdotally that Washington County not only handles a large number of (DDRD) offenses, but we’ve also been told we have probably the highest conviction rate for DDRD. We’ve had a number of (DDRD) offenses go to trial in Washington County in the last three to four years, all that resulted in conviction, and there have been rather hefty sentences handed down as a result of the convictions.”

Last month, the Centers for Disease Control and Prevention released a report that showed fatal drug overdoses in the U.S. fell by roughly 3% in 2023.

But the toll from the opioid crisis remains high, with overdoses claiming 107,543 lives, according to the CDC’s preliminary data. In 2022, 111,029 overdose deaths were recorded.

The drop in overdose deaths in 2023 is the first annual decrease since 2018, the CDC said.

While the CDC’s provisional data offers some hopeful signs, the overdose crisis continues, CDC chief medical director Deb Houry said in a statement.

“The data shows we still lost over 100,000 people last year, meaning there are still families and friends losing their loved ones to drug overdoses in staggering numbers. This progress over the last 12 months should make us want to reinvigorate our efforts knowing that our strategies are making a difference,” she said.

In Washington County, there were 88 overdose deaths in 2022, a majority from fentanyl and cocaine, compared with 106 deaths in 2021, according to the Washington County coroner’s office. The 2023 statistics are expected to be released soon.

In 2022, 79 people died from drug overdoses in Fayette County.

In Greene County, the number of people who died from drug overdoses in 2023 fell to 10, making it the least deadly year in the county in five years.

Prosecutors acknowledge DDRD cases are challenging cases to prove beyond a reasonable doubt. For example, when a street level dealer is arrested, the source of the drug supply oftentimes will just find another dealer to continue distributing the illicit drug.

“They’re very difficult to prosecute. When you’re dealing with an addict, unfortunately, there are sometimes numerous dealers, and to make your case you have to prove that that dealer is the one who delivered the substance,” said Fayette County District Attorney Mike Aubele. “The best person to have to know who sold the drugs is the deceased, and that’s a big problem with these cases.”

He said officials in Fayette County are increasing efforts to provide rehabilitation programs, including a law enforcement treatment program that will be introduced in upcoming months.

As police focus on stopping dealers, “We need to increase our efforts to get addicts into rehab, and that’s something I’ve been focused on,” Aubele said.

Friedmann said Washington County has taken several steps to address drug overdoses, including the formation of the Washington Opioid Overdose Coalition, launched in 2016 to address the county’s opioid crisis, and the creation of the Washington County Drug Treatment Court.

“I think we are lucky that our education and outreach efforts through our office and through law enforcement and service providers, whether it’s Washington Drug and Alcohol (Commission) or SPHS Services, or some of the treatment facilities that have been places of assistance for individuals, are available. I think the education and outreach has hopefully limited what could be an exponentially higher number,” said Friedmann.

A majority of overdose deaths in 2023 were due to synthetic opioids, such as fentanyl. Friedmann warned of a sharp increase in fentanyl mixed with xylazine and other derivatives that are responsible for overdoses, making fentanyl pills a “Russian roulette” of drugs.

“Now, we’re seeing more controlled substances included in fentanyl, like xylazine, that is exacerbating the toxicity of fentanyl. We are seeing it more and more,” said Friedmann. “I have not seen heroin in any drug cases I’ve had for four or five years. Everything that’s being peddled as stamp bags and sold as heroin – or purported to be heroin – is fentanyl, or a fentanyl derivative, or xylazine.”

He continued, “Anytime you buy or hook up with something sold as a particular thing, you’re relying on that person to be selling you that particular thing. And, not surprisingly, not every drug dealer is on the up-and-up. You might not be getting what you think you’re getting, and it could be a terrible, fatal mistake.”

Friedmann said the county will continue to prosecute DDRD cases.

“In a perfect world, we’d love to have zero overdose cases. Will we ever be able to? I hope so,” he said. “But we are going to go after these people who peddle this poison in Washington County, as (late Washington County District Attorney) Gene Vittone used to say: ‘We have and we will continue to prosecute.”