Pending invoice might invoke demise penalty for fentanyl murder – Tennessee Lookout

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Tennessee may be battling its execution protocol, however state Rep. Mike Sparks is able to put extra heads on the chopping block.

The Smyrna Republican is making ready to sponsor laws that might make fentanyl a “weapon of mass destruction” and result in the demise penalty for sellers who trigger somebody’s demise.

“What I actually wish to do is get individuals to interact and take into consideration how critical that is,” Sparks says. 

Throughout a city corridor three years in the past, Sparks met a younger girl who held up an image of her son who died from ingesting a substance laced with fentanyl. The state lawmaker was struck by the encounter and has been fascinated with taking on the combat towards fentanyl since then.

“It’s not solely a menace now, it’s going to be an enormous menace within the years to come back,” he says, noting he believes it’s a “weapon of mass destruction.”

About 200,000 individuals have died from fentanyl overdoses, he contends. Sparks believes extra younger individuals will proceed to succumb to the drug, an artificial opioid designed for treating extreme ache reminiscent of that ensuing from most cancers.

A invoice to be launched by Rep. Mike Sparks, R-Smyrna would classify fentanyl as a “weapon of mass destruction” and deaths from overdoses as and “act of terrorism.” If the invoice is profitable, fentanyl sellers may very well be charged with first-degree homicide and topic to the demise penalty.

It’s 50 to 100 instances stronger than morphine, and though prescription charges have dropped, overdoses have gone up dramatically, in response to info Sparks is handing out. The drug is usually blended with heroin or cocaine with out the consumer’s information.

Below the invoice he plans to introduce, conviction for possession of fentanyl would mirror the requirements for Class A and Class B felonies, 15 to 60 years and a $50,000 fantastic for the previous and eight to 30 years and a $25,000 fantastic for the latter. 

However as an “act of terrorism” ensuing within the lack of life, a fentanyl vendor may very well be charged with first-degree homicide and topic to the demise penalty, life in jail with out the opportunity of parole or life with parole.

The pending laws additionally would kick in civil actions wherein victims of fentanyl might file swimsuit towards the particular person accountable for any damage attributable to the unlawful drug.

Gov. Invoice Lee put executions on maintain final Might after discovering out the Division of Correction violated pointers for deadly injections. A 3rd-party investigation not too long ago discovered a litany of issues inside the division’s dealing with of the medicine.

The governor has no intention of stopping executions however not too long ago predicted the Tennessee Supreme Court docket wouldn’t signal any demise row warrants till the state updates its guidelines for deadly injections to verify they’re dealt with correctly. 

If Sparks has his means, Tennessee may very well be placing much more individuals to demise or in jail for a very long time. The query is whether or not the Legislature agrees, and several other members on this Republican-controlled physique most likely will.

Remembering Eliza

State Rep. John Gillespie is bringing laws in response to the kidnapping, rape and homicide of Memphis instructor Eliza Fletcher.

The Bartlett Republican’s Home Invoice 5 will enhance the necessary minimal sentence for aggravated kidnapping, particularly aggravated kidnapping, aggravated rape and particularly aggravated rape. It additionally mirrors federal and state legal guidelines that place individuals on the sexual offenders registry for kidnapping a toddler. Anybody convicted of kidnapping an grownup can be positioned on the identical registry.

“The rationale for that’s most aggravated kidnapping instances, sadly, have some kind of sexual element to them,” Gillespie says.

The second-term Home member, who was a “shut household pal” of Fletcher, calls the measure a “transparency” and “truth-in-sentencing” regulation, noting individuals should know if their neighbor has kidnapped somebody.

Rep. John Gillespie, R-Bartlett (Photo: TN.gov)
Rep. John Gillespie, R-Bartlett (Photograph: TN.gov)

“I hate to make it private,” Gillespie says, however he contends such a regulation is a very long time coming.

The 34-year-old kindergarten instructor was kidnapped whereas making her morning run in early September 2022. Her physique was discovered three days later after she’d been raped and shot to demise.

Cleotha Abston is charged with aggravated kidnapping and homicide. He had spent 20 years in jail for kidnapping Memphis lawyer Kemper Durand in Might 2001.

Within the wake of Fletcher’s demise, one other girl advised authorities Abston raped her in September 2021. The outcomes of a rape package, nonetheless, weren’t full till August 2022, figuring out Abston because the perpetrator.

Gov. Lee then stepped in and located cash to expedite a backlog of rape kits piling up on the cabinets of the Tennessee Bureau of Investigation. Many individuals puzzled why Fletcher’s demise was the catalyst.

Worship and inaugurate

Gov. Lee goes full tilt on his second inauguration after profitable a second time period, set to placed on a worship service and musical occasion at Ryman Auditorium early Saturday, adopted by the ceremony on the Struggle Memorial Plaza throughout the road from the State Capitol.

“The Lord has been devoted and poured his nice favor over Tennessee,” Lee says in a press release. “Maria and I invite Tennesseans to hitch us for a celebration of our state, as we thank God for our many blessings and search his knowledge within the days forward.”

Whereas some would possibly query whether or not they’re on the identical religious airplane because the governor and even shifting in the identical path, there’s all the time hope and music shall be plentiful.

Michael W. Smith, Steven Curtis Chapman, Chris McClarney, Nicole C. Mullen, Chris Tomlin and the Fisk Jubilee Singers are to carry out on the Mom Church at 8:30 a.m.

The governor shall be re-sworn into workplace by Supreme Court docket Chief Justice Roger Web page at 11 a.m. in a joint conference of the 113th Normal Meeting.

The inaugural ball is ready for 8 p.m. on the Fisher Heart on Belmont Boulevard, a $350-per-ticket soiree. The whole lot else is free and open, though area shall be restricted. Anybody who isn’t hoping to attend ought to keep away from downtown Nashville in any respect prices, as a result of a number of streets shall be blocked across the plaza and Capitol. You might need to wish for a parking place too.

Slicing HIV funds

The Memphis Business Enchantment reported this week the Tennessee Division of Well being is ready to cease offering federal funds for HIV prevention to teams unaffiliated with the metro well being departments.

A division spokesman despatched a letter to earlier grant recipients notifying them Facilities for Illness Management funds received’t come their means any longer.

“These preparations had been made below prior administrations, and this administration is analyzing areas the place it could actually lower its reliance on federal funding and assume elevated independence,” the letter says. 

There’s nothing pro-life about punishing people who find themselves dwelling with HIV and enabling this virus to unfold undetected.

– Sen. London Lamar, D-Memphis

Democrats name the choice by the Lee administration the most recent occasion of the governor “turning his again” on the state’s most weak residents. 

“It’s troublesome for these of us who’ve personally skilled a liked one struggling and in the end dying from this horrible virus to view this choice as something lower than a heartless act and offensive – it’s past the pale,” says state Rep. John Ray Clemmons, chairman of Home Democrats.

State Sen. London Lamar, a Memphis Democrat who chairs the Senate Democratic Caucus, predicts the choice will trigger the unfold of HIV and untimely deaths. She notes the state had made “regular progress” in coping with the illness.

“There’s nothing pro-life about punishing people who find themselves dwelling with HIV and enabling this virus to unfold undetected,” Lamar says.

AIDSVu, a mission of Emory College’s Rollins Faculty of Public Well being, reported 18,207 Tennesseans had been dwelling with HIV in 2020, in response to a Senate Democrats press launch.

Little question, God is wanting down.

Neglect Dick and Jane

The argument over third-grade studying and promotion of scholars will proceed this 12 months with Rep. David Hawk sponsoring a invoice to return choices to the native degree.

After the COVID-19 pandemic that led to highschool closings, extra on-line studying and normal dysfunction, the Legislature held a particular session wherein they spent tens of hundreds of thousands to arrange fancy summer season faculty and tutoring packages. Who knew that youngsters who wrestle to learn would possibly profit from some additional assist?

Lawmakers additionally gave the state Division of Schooling authority to determine whether or not third-graders who scored insufficiently on the check to finish all exams must be held again in the event that they didn’t go to summer season faculty or take in depth tutoring by the fourth grade.

The argument isn’t whether or not third-graders need assistance. It’s whether or not the state or native educators ought to make the choice on whether or not kids ought to repeat the third grade.

Hawk’s invoice returns that authority to the native degree the place some consider it ought to have been all alongside.

The Greeneville Republican shies away from criticizing the Legislature’s choice two years in the past, declaring steps needed to be taken at a important time. 

His laws retains the summer season studying and tutoring packages in place. Now, although, he says it’s time to refocus and let native educators determine whether or not these kids must be promoted. Who ever heard of letting people at floor zero make the choice? Shouldn’t large brother determine? Hawk might have a combat on his arms.

Coming down on Kelsey

Germantown resident Dewey Gordon Bryan is urging U.S. District Court docket Decide Waverly Crenshaw to impose the harshest penalty potential on former state Sen. Brian Kelsey in connection together with his responsible plea on federal marketing campaign finance violations.

Bryan not too long ago despatched a letter to the choose declaring that the proof was so overwhelming that Kelsey didn’t even attempt to clear his identify at trial, though he maintained innocence for almost a 12 months. Not till co-defendant, Josh Smith, pleaded responsible and agreed to cooperate with federal prosecutors did Kelsey cop a plea in his scheme to shift state funds to his failed 2006 congressional marketing campaign. It’s unlawful to make use of state marketing campaign cash for a federal race.

Sen. Brian Kelsey. R-Germantown (Photo: John Partipilo)
Former Sen. Brian Kelsey, photographed within the Tennessee Capitol in 2022. (Photograph: John Partipilo)

“Brian Kelsey just isn’t an harmless sufferer. He’s (was) a lawyer. He used his regulation schooling and expertise to scheme to interrupt legal guidelines he was sworn to uphold. He was the hub round which all of the spokes of those crimes emanated,” Bryan’s letter says. “He was so responsible he was compelled to barter a plea deal, not having the nerve or confidence to take the chance of ‘… being cleared at trial.’”

The Tennessee Supreme Court docket suspended Kelsey’s regulation license in December and referred the case again to the state Board of Accountability, which can maintain a listening to as a part of the method to find out whether or not he can apply regulation once more within the state of Tennessee.

Bryan factors out Kelsey’s plea settlement accommodates no contrition or apology to his former constituents or the state.

The Germantown Republican faces 5 years in jail, three years of probation and a $250,000 fantastic on every cost. Sentencing is ready for June 9 however may very well be earlier.

Prediction: The choose will take Bryan’s letter into consideration however mete out a brief sentence in a federal facility and a hefty fantastic.

“Forty days of shotguns and barbed wire fences/ Forty nights to sit down and take heed to the midnight prepare to Memphis.”



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