Disgraced ex-Trooper Matthew Kelley has been dishonorably discharged from the pressure — however not charged. Why?
“No charges were filed against Mr. Kelley. Given the facts and circumstances surrounding this incident, MGL Chapter 94C Section 34A(b) provides that an overdose victim cannot be charged or prosecuted for possession of a controlled substance if the charge of possession was gained as a result of the overdose,” the Plymouth DA’s spokeswoman Beth Stone informed the Herald.
That entry within the Massachusetts General Laws states an opiate person is given “immunity from prosecution … or finding of violation of condition of probation, pretrial release or parole” in the event that they or another person known as for assist whereas “experiencing a drug-related overdose.”
That passage within the regulation goes on to state that “the act of seeking medical assistance” is a “mitigating factor in a criminal prosecution under the Controlled Substance Act.”
Yet, “nothing contained in this section shall prevent anyone from being charged with trafficking, distribution or possession of a controlled substance with intent to distribute,” the regulation provides. That offers police wiggle room if a complete lot of heroin, cocaine or another contraband is discovered on the scene.
A prime regulation enforcement official defined it’s akin to the Good Samaritan Law that protects anybody from being sued in the event that they search to assist in a time of want. Basically, for those who try to save lots of somebody or cease a battle, you received’t be hauled into courtroom due to your bravery. At least that’s the essential idea.
MGL Chapter 94C Section 34A(b) is a very totally different story.
Massachusetts is within the grip of an opioid disaster that received’t let go. Building into the regulation how folks shall be protected in the event that they name 911 for overdoses reveals simply how horrible this plague has change into.
Opioid-related overdose deaths within the Bay State spiked to an all-time excessive final 12 months, in keeping with state well being officers who cited the COVID-19 pandemic and the highly effective artificial opioid fentanyl as main components within the greater demise charge.
There had been 2,290 confirmed and estimated opioid-related overdose deaths in 2021, the state Department of Public Health reported on Wednesday. That is a document excessive for one 12 months in Massachusetts, shattering the earlier peak of two,110 deaths in 2016.
The charge of opioid-related overdose deaths jumped 8.8% final 12 months — with an estimated 185 extra deaths in 2021 than in 2020, we reported.
Matthew Kelley nearly joined that grim tally. A fast-thinking Middleboro officer used a Narcan pen — a number of instances — to assist the ex-trooper breathe once more, the Herald was informed.
Narcan, or Naloxone, reverses an opioid overdose “by blocking the effects of opiates on the brain and by restoring breathing,” in keeping with on-line medical websites. Naloxone will “only work if a person has opiates” of their system.
It’s all uncontrolled. Just drive previous the Methadone Mile in Boston and also you’ll see an open marketplace for medicine and despair. It’s an eyesore that has pressured space companies to rent their very own safety.
Now even State Police officers are jeopardizing their careers over this poison.
Drug dependancy isn’t something new, however fentanyl is the actual perpetrator. Introduced within the Nineteen Sixties to assist with persistent ache, cartels from China to Mexico are pumping it into the illicit pipeline. That needs to be the main focus of lawmakers.
Cut the top off this snake off earlier than it’s too late.
Source: www.bostonherald.com”