According to the indictment,” Kay, who told federal agents that he supplied medications to Skaggs, is charged with distributing a controlled substance that led to Skaggs’ departure and also for possessing with the intent to disperse the opioid fentanyl.
Law enforcement officials have advised ESPN they consider Skaggs snorted oxycodone and was probably unaware that it included that the fentanyl, a powerful and fatal medication occasionally added to other medications to produce the effects stronger.
Based on some 2019 ESPN evaluation, Kay advised Drug Enforcement Administration representatives last year he’d awarded Skaggs several oxycodone tablets before the group left for a series in Texas, where Skaggs expired, and the two had a continuing arrangement in which Skaggs compensated for their medication and Kay acquired them from traders.
Kay told investigators he noticed Skaggs snort oxycodone in his hotel room the night that he died but he didn’t feel the medication Skaggs took that day were the very same ones Kay had given him before the trip. Kay told representatives that one among the crushed pills wasn’t a chemical that he recognized.
Prosecutors said in August they intended to bill Kay with drug-related distribution crimes but at the time didn’t indicate they would bill him Skaggs’ departure. At the moment, the U.S. Attorney’s Office for the Northern District of Texas issued a statement suggesting that following Skaggs’ autopsy”it was afterward determined that although for its fentanyl, Mr. Skaggs wouldn’t have expired.”
Whoever had made this decision and after, a spokesperson for the U.S. Attorney’s Office stated in August that she couldn’t comment. An official with the Tarrant County Medical Examiner told ESPN in August the workplace had made no such conclusion, wasn’t conscious of a subsequent autopsy, and didn’t understand how prosecutors had reached that decision.
Several defense lawyers interviewed by ESPN stated they see several challenges for the authorities to conquer at a case against Kay, beginning with the fact that prosecutors might need to demonstrate that the fentanyl or oxycodone murdered Skaggs, instead of the grain in his system another element. The attorneys also said the government might need to demonstrate that the medication Kay confessed committing to Skaggs was exactly the very same ones that the pitcher took the night that he died.
According to Friday night, Michael Molfetta, Kay’s lawyer, said that his client was”concerted” with two individual offices of the U.S. Attorney and”forthright.”
“While Mr. Kay is excited to react and also to have his chance to tell his side of this story absent schedule he agrees with his lawyers that the most sensible strategy would be to allow them to do their speaking in the correct forum; especially, the court space,” Molfetta stated in the announcement. “That said, he asks for everyone’s patience before forming a conclusion so that all sides could be heard and the truth is straightforwardly brought to light rather than skewed by innuendo or interpretation.”
A spokesperson for the U.S Attorney’s Office didn’t immediately return a telephone call on Friday.