GA Senate committee passes higher fentanyl penalty after UGA student overdoses before Thanksgiving

ATLANTA — Georgia state senators passed a bill out of committee unanimously to increase penalties and consequences for drug dealers trafficking fentanyl in Georgia.

Specifically, Senate Bill 465, also titled “Austin’s Law” would make causing a death by giving someone a controlled substance, counterfeit substance or imitation controlled substance would qualify as committing aggravated involuntary manslaughter.

Additionally, the bill sets higher penalties for violators of the proposed bill, saying that “someone who commits the offense of aggravated involuntary manslaughter when he or she causes the death of another human being, without the intent to cause the death of said human being, by intentionally manufacturing, delivering, distributing or selling any substance that is, in fact, a controlled substance, counterfeit substance or imitation controlled substance” would face between 10 to 30 years in prison, with a life sentence also on the table, if convicted.

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The crime of aggravated involuntary manslaughter would also not be merged with other offenses, instead counting as a separate offense at trial or upon arrest.

The bill also says that even if the person accused of violating the statute does not know if the chemical is a controlled substance, counterfeit or imitation of a controlled substance, they will still face the same charge and state prosecutors will not have to prove the defendant knew the substance was controlled, counterfeit or an imitation.

As written, the bill would make these violations a felony under state law.

Part of the push for the bill to pass was the urging of the mother of a University of Georgia junior who died from an overdose on Nov. 23, 2023 while home for the Thanksgiving holiday.

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Angela King, the mother of Jack O’Kelley, spoke at a Feb. 15 event focused on drug trafficking and fentanyl awareness in Sandy Springs. Her son was 20 when he died of a fentanyl overdose. She described him as caring and lively and an athlete who loved UGA football games. He was a junior and a pledge trainer at his fraternity on campus.

“No more birthdays, no more Thanksgivings, no more Christmases, no more beach trips, no more fun times with his friends, no more spending time with his family, going to football games like he loved to do,” King said. “No more graduating from college, no getting married...chance of being a father. The night before Thanksgiving in Atlanta, all the college kids come home. It’s a big night to go out, go out and have fun with your friends. That night, I’ve always hated that night. And of course we have all of our...on our phones, we track the kids at night. That night, I woke up in the middle of the night, and saw everybody’s home, everybody’s safe, went back to sleep. Woke up Thanksgiving morning looking forward to a great time of thanks and with family. We were all home but Jack spent the night out.”

King said they’d called Jack, whose tracker showed him at a nearby friend’s house. When her husband Mike O’Kelley arrived, the kids were still asleep, and he tried to wake up Jack, but “Jack didn’t wake up. His fingernails were blue. Not breathing. He was already gone.”

Screaming, King’s husband called her to the house and she said she rushed over to see EMTs working on Jack, but it was too late. Jack’s father had been trying to wake him up for 30 minutes, according to King.

“It was the most traumatizing, horrific day of our life,” King said at the event. She said she would do whatever she could, and was working with legislators, to prevent similar events from happening.

On Wednesday night, King’s wish came true, at least in part.

At a Senate Judiciary Committee hearing, lawmakers referred to the “Athens situation” before voting on the bill, unanimously getting it from committee to wait for a full floor vote.

The bill passed unanimously in the Senate Judiciary Committee, sending the increased penalties for causing deaths from overdoses to a larger Senate vote.

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