Former Los Angeles Angels communications director Eric Kay was convicted Thursday on charges that he distributed a fentanyl-laced opioid to Tyler Skaggs that resulted in the 2019 death of the pitcher.
A jury of 10 women and two men deliberated for less than three hours in U.S. District Court in Fort Worth before returning guilty verdicts on charges that Kay possessed and distributed a controlled substance and another accusing him of “knowingly and intentionally” giving fentanyl to Skaggs on a road trip to Arlington, Texas, where Skaggs died on July 1, 2019. A toxicology report determined Skaggs died after ingesting oxycodone, alcohol and fentanyl and choking on his vomit.
Kay’s conviction brings a mandatory minimum sentence of 20 years and a maximum sentence of life in prison. Judge Terry Means set sentencing for June 28, according to ESPN.
Kay's eight-day trial included testimony from eight of Skaggs’ Angels teammates, five who on Tuesday and Wednesday said they received opioids from Kay, who spent multiple stints in rehab for his addiction to the non-prescription pills.
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A series of text messages had strongly established that Kay provided opioids to Skaggs over several years, and that they discussed the drugs in the hours leading to Skaggs’ death. The trial seemed to turn in Kay’s favor when the defense was able to largely establish that Skaggs had received drugs in the past from at least one other source. Yet the jury returned its guilty verdicts with little apparent hesitation.
The Angels, Kay and his former supervisor, Angels vice president of communications Tim Mead, still face a pair of wrongful-death lawsuits filed by Skaggs’ parents and his widow, Carli, in Texas and California.
Skaggs was 27 and in his sixth season with the Angels when he died. His mother, Debbie Hetman, testified earlier in the trial that she was aware Skaggs had a “issue” with Percocet in 2013, and that doctors agreed not to prescribe Skaggs opioids after he underwent Tommy John surgery to repair a torn elbow ligament in 2014.
Yet Skaggs found a willing supplier for the drugs in Kay and informed teammates they could receive pills from him, as well. Kay was just weeks removed from a drug rehab stint when he accompanied the Angels for a road trip to Texas on June 30, 2019. Text messages later revealed that Kay visited Skaggs’ hotel room that evening. Skaggs was found dead in his hotel room the next afternoon.
Expert witnesses for the prosecution testified that the presence of fentanyl was responsible for Skaggs’ death. Fentanyl, a synthetic opioid that’s up to 100 times more powerful than heroin, is increasingly linked to overdose deaths when drug users unwittingly ingest it after purchasing what they believe is heroin or prescription pills.
"This case is a sobering reminder: Fentanyl kills," says Chad E. Meacham, U.S. Attorney for the Northern District of Texas, in a statement to media outlets, including USA TODAY Sports. "Anyone who deals fentanyl — whether on the streets or out of a world-famous baseball stadium — puts his or her buyers at risk. No one is immune from this deadly drug.
"A beloved pitcher, Tyler Skaggs was struck down in the midst of an ascendant career. The Justice Department is proud to hold his dealer accountable for his family and friends’ unimaginable loss."
The Skaggs, through attorneys, and the Angels released statements responding to the verdict. Kay's attorneys did not immediately respond to a request for comment.
"On behalf of the entire Angels Organization, we are saddened by the devastating heartache that surrounds this tragedy, especially for the Skaggs family," Angels president John Carpino said in a statement released after the verdict was announced. "Our compassion goes out to all families and individuals that have been impacted.
"The players’ testimony was incredibly difficult for our organization to hear, and it is a reminder that too often drug use and addiction are hidden away. From the moment we learned of Tyler’s death, our focus has been to fully understand the circumstances that led to this tragedy. We are thankful that Major League Baseball and the Major League Baseball Players Association have taken the important step to update their drug policies for players using opioids so that they can receive help."
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