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Date: 04-11-2023
Case Style:
Case Number: CR20000168
Judge: W. Revell Lewis, III
Court: Circuit Court, Northampton County, Virginia
Plaintiff's Attorney: Northampton County Virginia Commonwealth Attorney's Office
Defendant's Attorney:
Description: Eastville, Virginia criminal defense lawyer represented Defendant charged with possession with intent to distribute a Schedule III drug and two counts of contributing to the delinquency of a minor.
During the week of May 28, 2020, seventeen-year-old K.C. and her family were visiting relatives in Northampton County. K.C.'s friend E.S., also a minor, joined them on the trip. Earlier that week, K.C. and E.S. met Jose Guadalupe Vera, Jr. ("Vera"), who was eighteen years old, and his juvenile friend A.M. During that week, the group "hung out," occasionally drank alcohol, and exchanged Snapchat messages.
On May 28, 2020, the group communicated via Snapchat and decided to meet at the beach that evening. Once at the beach, Vera poured gamma-hydroxybutyrate ("GHB"), a Schedule III drug for which Vera possessed a prescription to treat narcolepsy, into a small shot glass which he gave to K.C. and E.S. Both K.C. and E.S. testified that the group had never discussed the drug GHB and that they did not know nor were they told what was in the small shot glass that Vera served them. E.S. testified she thought it was tea. After the girls took the shot, Vera told E.S. that they had drunk GHB. Upon learning that she had ingested GHB, E.S. looked it up on her phone. During cross-examination, K.C. testified, when asked whether she and Vera had had a prior discussion about GHB, "I guess it's possible, but I don't really-I think I would remember that."
A.M. testified that he and Vera had ingested GHB before meeting up with K.C. and E.S. A.M. knew what GHB was when he drank it with Vera. A.M. saw Vera give the GHB to K.C. and E.S. but never heard Vera tell the girls that it was GHB or what it was beforehand. Unsure if there had been discussion with the girls about GHB previously, A.M. testified that, if there had been, "it was, like really quick though" and that there was not "a whole discussion about it. It was just-it was just, like, have you-all ever heard of it?"
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Eventually K.C.'s mother called and told K.C. and E.S. to come home for dinner. E.S. had to drive the family golf cart back to the house because K.C. had "passed out." E.S. testified that she was "really scared" because she did not know if K.C. was having an allergic reaction because she was unaware of the effects of GHB. When the girls arrived home, K.C. was still unconscious. K.C.'s parents called 911, and her father performed CPR. When first responders arrived on scene, K.C. was still unresponsive and unconscious. After restoring K.C.'s breathing, a medic on scene administered NARCAN and K.C. was transported to the hospital. E.S., who at this point appeared intoxicated, began going in and out of consciousness. As a result of losing consciousness, E.S. was also transported to the hospital.
At the hospital, blood samples were collected from both E.S. and K.C. K.C.'s blood sample contained approximately 140 mg of GHB per liter of blood, and E.S.'s blood sample contained approximately 97 mg of GHB per liter of blood. Dr. Autumn Massiello, a forensic toxicologist, testified that GHB is uncommon and is used as a date rape drug. She also testified that the GHB concentrations in both blood samples were well above the therapeutic dose for GHB.
Vera testified that, on May 27, 2020, he had a conversation with the group regarding his narcolepsy and prescription for GHB. Vera testified that he had brought his drug with him when meeting up with A.M. the following day because they had no alcohol. Vera stated he shared the GHB with A.M. out of "generosity."
Moreover, Vera testified that he had no intention of sharing the GHB with E.S. or K.C. because, at the time he decided to bring the GHB with him, he did not know he was going to see them that day. When Vera and A.M. did eventually meet up with the girls, however, Vera testified that he asked the girls if they had any alcohol and that they had talked about the drug. Vera then poured the GHB for the girls "in front of everybody," and the girls drank it.
Outcome: Defendant was found guilty. Affirmed on appeal.
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Defendant's Experts:
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