Victim given drugs that contained fentanyl
Greenbelt, Maryland – A Silver Spring, Maryland man pleaded guilty today before U.S. District Court Judge Lydia Kay Griggsby to distribution of fentanyl resulting in the death of a Bethesda, Maryland minor victim in January 2022.
The guilty plea was announced by Erek L. Barron, United States Attorney for the District of Maryland; Special Agent in Charge Jarod Forget of the Drug Enforcement Administration, Washington Division; Chief Marc R. Yamada of the Montgomery County Police Department; and Chief Victor Brito of the Rockville City Police Department.
According to court documents, Mikiyas Kefyalew, 26, knowingly and intentionally distributed to Victim 1 a quantity of a mixture and substance containing a detectable amount of fentanyl and 4-Anilino-N-phenethlpipeerdine (“despropionyl fentanyl”), each a Schedule II controlled substance, with death resulting from Victim 1’s use of such substance. At the time of Victim 1’s death, Victim 1 was 16 years old. On the evening of January 16, 2022, Victim 1 had contacted Kefyalew by Snapchat message in order to obtain “Percs.” Although originally referring to Percocets (a combination medicine containing oxycodone hydrochloride and acetaminophen), “Percs” is a common slang term used to reference pills which are circular, blue in color and imprinted with “M 30”—mimicking the markings on legitimate pills that one would receive from a manufacturer containing oxycodone hydrochloride. Victim 1 provided the address of the residence where he was spending the evening, and Kefyalew drove to that address. Victim 1 left the residence, met with Kefyalew at Kefyalew’s vehicle, and purchased two “Percs” from Kefyalew. Victim 1 later was driven home and interacted with family members before going to bed. The next morning, Victim 1 was found deceased.
With the assistance of Victim 1’s family members, law enforcement officers also located a small blue pill stamped with “M 30” near where Victim 1 was found. The pill appeared to be a 30 mg oxycodone hydrochloride pill but was tested by a forensic chemist at the Montgomery County Police Department Forensic Laboratory and produced positive results for both fentanyl and despropionyl fentanyl.
According to autopsy results, Victim 1’s cause of death was fentanyl and despropionyl fentanyl intoxication. Victim 1 was otherwise healthy.
On August 21, 2021, Kefyalew had been issued a criminal citation for possession of marijuana over 10 grams. In that case, a round blue pill stamped with “M 30” was located in the baggie of marijuana that was located in the rear passenger area of the vehicle where Kefyalew was seated. That pill was tested by a forensic chemist at the Montgomery County Police Department Forensic Laboratory and, like the similar blue pill in this case, produced positive results for both fentanyl and despropionyl fentanyl. Messages retrieved from Kefyalew’s cell phones confirmed the dangers of overdoses posed by “Percs” and Kefyalew’s knowledge that these pills contained fentanyl.
Based upon these pills’ purporting to be oxycodone hydrochloride pills, Kefyalew knowingly misrepresented or knowingly marketed the fentanyl pills as oxycodone hydrochloride, or “Percs.” The pills distributed and possessed by Kefyalew purported to be oxycodone hydrochloride in that they were small light blue pills stamped with “M” and “30” to match legitimate oxycodone hydrocholoride 30 milligram pills when, in fact, they contained fentanyl and despropionyl fentanyl instead of oxycodone hydrochloride.
Kefyalew knew that Victim 1 was a vulnerable victim based on Victim 1’s appearance, school attendance and age, i.e., that he was less than 18 years old.
Kefyalew is scheduled to be sentenced on January 28, 2025 at 10 a.m. and faces a maximum penalty of 20 years in federal prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
