Waynesboro Residents Charged with Fentanyl-Related Death Under New Law
Two Waynesboro residents have been charged in connection with a man’s fentanyl-related death under Georgia’s new “Austin’s Law.”
The Burke County Sheriff’s Office says 36-year-old John Paul Cates was found dead in his home on Pine Needle Road in Waynesboro on May 28. Investigators said there was evidence of opioid use, methamphetamine and cocaine.
Today, Burke County authorities announced the arrests of 43-year-old Charlie Wren Daniel and 32-year-old John Ryan Phillips, both of Waynesboro. Both were charged with Aggravated Involuntary Manslaughter causing Fentanyl Death.
The Waynesboro residents were charged under “Austin’s Law,” signed in late April by Governor Brian Kemp. The law is named in memory of Austin Walters, a victim of a fentanyl overdose. It establishes felony charges for those who unintentionally cause the death of another by knowingly manufacturing or distributing substances containing fentanyl, misrepresenting them as controlled substances.
“The suspicious circumstances surrounding John Paul Cates’ death prompted an investigation that resulted in the arrest and subsequent charges against Daniel and Phillips. In addition to their alleged involvement in Cates’ death, both individuals face further charges of drug possession and distribution,” according to a news release from the Burke County Sheriff’s Office.
Austin’s Law
Austin Walters of Lowndes County died September 9, 2021, after taking a Xanax pill he had purchased on the street. His father, Gus Walters, said he didn’t know it had been spiked with fentanyl.
No arrest was ever made. There was evidence pointing to one suspect, but authorities didn’t think they could charge him with anything more than a misdemeanor, since there were no laws on the books regarding fentanyl.
“Austin’s Law” provides for penalties of one to 10 years for those charged under the new law.
Under “Austin’s Law,” there is now the offense of unlawfully possessing a pill press, tableting machine, encapsulating machine or other controlled substance counterfeiting materials.
Statement from the Burke County Sheriff’s Office
“The passing of John Paul Cates serves as a somber reminder of the pressing need for decisive action to address the opioid crisis. The State of Georgia and the Burke County Sheriff’s Office reaffirm their unwavering commitment to seeking justice for victims and their families, while implementing proactive measures to prevent future tragedies.”
Charges Against Daniel and Phillips:
Daniel:
- Possession of methamphetamine with intent to distribute
- 4 counts of possession of a schedule II drug with intent to distribute (Fentanyl, Hydrocodone 10 mg, Amphetamine/Dextromethamphetamine 30mg, and Hydrocodone 5 mg)
- 1 count of possession of a schedule IV drug with intent to distribute (Alprazolam 1 mg)
- Aggravated involuntary manslaughter causing fentanyl overdose death
Phillips:
- Aggravated Involuntary manslaughter causing fentanyl overdose
The Burke County Sheriff’s Office says more charges could be filed as the investigation continues.