Law enforcement officials from across the county are warning the public about a sharp increase in overdose deaths connected to the highly potent and often deadly drug, fentanyl. [TWEET THIS]

In 2019, there were 152 fentanyl-related overdose deaths in San Diego County. But in the first six months of this year, there are likely already 203 fentanyl-related deaths, of which 119 have been confirmed and another 84 are pending confirmation. This year’s deaths have occurred in all areas of the county. Victims ranged in age from 17 to 66-years-old, with the average age being 37.

The joint warning about fentanyl-laced drugs comes from the San Diego County District Attorney, U.S. Attorney, Drug Enforcement Administration (DEA), San Diego County Sheriff’s Department, San Diego Police Department, San Diego County Health and Human Services (HHSA) and San Diego County Medical Examiner.

“This alarming uptick demonstrates that dealers continue cutting various illegal drugs with fentanyl and now more than ever it’s a recipe for death,” said District Attorney Summer Stephan. “The public needs to be aware of the danger of using any controlled substance even if packaged like a harmless medicinal pill. Higher overdose numbers tell us there’s likely more product on the street in San Diego that may be laced with deadly fentanyl. I’m urging you to share this potentially life-saving message with your loved ones today.” [TWEET THIS]

“While buyers may think they’re getting cocaine, oxy or Xanax, in reality they’re playing a high stakes game of Russian roulette,” said United States Attorney Robert Brewer. “When it comes to fentanyl, there’s no truth in advertising and you can forget about quality control. Hundreds of unknowing buyers end up ingesting a deadly dose of fentanyl, which has left scores of grieving San Diego families in its wake this year.”

Dr. Luke Bergmann, the Director of Behavioral Health for the San Diego County Health and Human Services agency warned that amid the COVID-19 pandemic, people may turn to substance abuse to deal with stress.

“It is critical in this time of mental health vulnerability and social isolation, with pervasive high rates of anxiety and depression, that people with substance use disorder are aware of the heightened risks of fentanyl and that they get access to harm reduction and care services for addiction,” Dr. Bergmann said. “With physical-distancing requirements in place, local treatment providers have expanded their tele-health capacities. Anyone can get immediate and long-term help over the phone or in person.” [TWEET THIS]

The District Attorney and U.S. Attorney are prosecuting several cases involving people who have overdosed on fentanyl this year. These cases are investigated by a DEA-led task force, the Sheriff’s Department and other local law enforcement agencies.

• In January, a 28-year-old smoked a powdery substance given to him by a friend. His mother found him unresponsive in the living room of her home. He was pronounced dead from a fentanyl overdose.
• In February, a 20-year-old suffering from anxiety, consumed a counterfeit oxycodone pill before going to bed. His roommates found him dead in the morning from a fentanyl overdose.
• In May, a 19-year-old purchased two Percocets from a friend. He consumed both pills and subsequently died from an overdose. He had fentanyl in his system at the time of his death.

“The health and safety of our community is a top priority for DEA, which is why we have an entire DEA-led task force team dedicated to investigating the sources of the drugs causing these deaths,” said DEA Special Agent in Charge John W. Callery. “However, DEA’s main goal is stopping deadly drugs from making it to the streets of San Diego. Since January, law enforcement agencies in San Diego have seized over 12,000 kilograms of fentanyl and methamphetamine, likely preventing additional deaths in our community. Also, if it weren’t for the outstanding work of our first responders in saving lives of those who have overdosed, the number of deaths in San Diego would be much higher. The DEA wants to remind the public that medications not obtained from legitimate pharmacists and illicit drugs like methamphetamine, can be laced with fentanyl and could result in your death.”

Counterfeit pills account for a majority of the overdose deaths the San Diego County Medical Examiner sees.

“Deaths specifically from fentanyl or fentanyl in combination with other drugs in San Diego County are have been increasing for years, almost exponentially really, since 2016,” said San Diego County Medical Examiner Dr. Glenn Wagner. “So far this year, pending confirmation, we will have seen more than 200 fentanyl overdose deaths, whereas by this same time last year we had only seen 84. Years ago when we saw a death from fentanyl toxicity, it was usually someone misusing an excess of their legally prescribed medicine; but today almost all of the fentanyl deaths that we see result from people that have taken counterfeit pills sold illegally as oxycodone or alprazolam (but containing fentanyl instead of the other drugs). These pills are deadly and even just part of one pill kills.”

Fentanyl, a synthetic opioid, is 50 to 100 times more potent than morphine, and up to 50 times more potent than heroin. Even tiny doses, as little as two milligrams, the size of two grains of salt, is a fatal dose for most people. [TWEET THIS]

Treating fentanyl overdoses often requires additional naloxone to reverse the effects of the drugNaloxone is a medication that temporarily blocks the toxic effects of opioids, or “reverses” an opioid overdose. More doses of naloxone are sometimes needed to reverse fentanyl overdoses, compared to other opioid overdoses, due to the potency of fentanyl.

“The San Diego County Sheriff’s Department continues its commitment to fighting the opioid epidemic in the region,” said Sheriff Bill Gore. “Sheriff’s detectives, task force members and patrol deputies regularly encounter and seize fentanyl and fentanyl-laced illicit drugs. The potency of fentanyl is so extreme, deputies and evidence specialists must take unique precautions to prevent deadly exposure. We continue to commit resources toward the investigation and arrests of offenders who manufacture, traffic and distribute this deadly narcotic.”

First responders in the San Diego Police Department see the tragic effects of fentanyl too often.

“The far-reaching devastation of fentanyl is measured in human lives and affects everyone from the tragically addicted to the first-time user,” said San Diego Police Chief David Nisleit. “Our first responders are also forced to bear witness to the lives stolen and mourning families left in its wake of destruction. As if this were not enough, there are also the dangers of secondary exposure to fentanyl due to its lethal potency, which can easily contaminate persons, vehicles and even entire homes. The San Diego Police Department’s commitment to the value of human life does not stop at physical safety, but rightfully extends to the hope that everyone has the opportunity to thrive. The threat fentanyl brings against both these goals cannot be overstated.”

Anyone who needs help with drug addiction can call the San Diego County Access and Crisis Line 888-724-7240 or 2-1-1 San Diego. Both resources are available 24/7. [TWEET THIS]

[EN ESPAÑOL]

A bill sponsored by the San Diego County District Attorney’s Office establishing an amnesty clause to encourage victims and witnesses of sexual assault to testify in court once again received bipartisan support this morning and passed on consent out of the Senate Public Safety Committee. The bill is authored by Assemblymember Tasha Boerner Horvath. [TWEET THIS]

AB 1927 would provide immunity for victims and witnesses of sexual assault from the consequences of illegal alcohol or drug use occurring at the time of their alleged assault. Higher education institutions nationwide, including the University of California, have already implemented such amnesty clauses on their campuses. Under current law, victims must go through a process that requires them to be compelled to testify in court before it can be granted. This process unnecessarily increases trauma to the victim by requiring them to appear in front of a judge for offenses unrelated to the sexual assault.

“The last thing we want is for the criminal justice system to re-victimize people who bravely come forward to report crimes,” said San Diego County District Attorney Summer Stephan, the bill’s sponsor. “We can’t continue to have a system which treats victims like criminals for using the very same drugs or alcohol which often are fueling their abusers’ crimes.”

According to the Federal Bureau of Investigation (FBI) 2018 Uniform Crime Reporting, California had more than 15,000 reported forcible rapes – the highest number in the United States. The Bureau of Justice Statistics reports that this problem is particularly prevalent among college-age students – approximately 80 percent of sexual assaults against college students, and 67 percent of non-students, go unreported.

“We all know too well that sexual assault is the most underreported violent crime in America,” said Assemblymember Boerner Horvath. “Many victims and survivors do not come forward for fear of retaliation, even fear of being blamed for the assault. This bill will empower them to report the abuse without fear of prosecution. Today’s vote brings us closer to extending the same amnesty already provided on college campuses to sexual assault victims and witnesses throughout California.”

AB 1927 will be heard next on the floor of the Senate.  [TWEET THIS]

The San Diego County District Attorney’s Office announced funding today for a new initiative that will divert people with serious mental illness away from the justice system and into treatment, the first of its kind in the County. The program received support today from the County’s Board of Supervisors, which authorized a contract to receive $3,328,000 in grant money from the Department of State Hospitals (DHS). The funding will establish San Diego County’s first formal pre-trial mental health diversion program, expanding community-based treatment and reducing the number of people who cycle through psychiatric crisis and jail due to untreated mental illness. [TWEET THIS]

[WATCH VIDEO OF BOARD OF SUPERVISORS MEETING DISCUSSION OF THIS PROGRAM]

“There needs to be a sea change in the way we address the needs of people living with mental illness in our community who find themselves involved with the criminal justice system,” said District Attorney Summer Stephan. “Today is another big step forward in a progressive new approach that is improving the way the criminal justice system handles individuals with serious mental illness, while still keeping our neighborhoods safe. It is also an example of the dynamic innovation and collaboration between our justice partners and Behavioral Health Services here in San Diego. An important focus of this grant initiative was providing equal access and equitable treatment for participants with serious mental illness and providing an evidence-based humane solution to the complex intersection of mental health, homelessness and criminal justice. I want to thank our County’s Public Safety Group for coordinating the grant application as well as Dr. Luke Bergmann, Director of Behavioral Health Services, for his continued partnership.”

Recognizing the significant nexus between mental health, substance abuse and criminal justice, the District Attorney’s Office brought more than 200 stakeholders and experts together to map the intersection of mental health, homelessness and criminal justice, to better-identify problems and recommend concrete solutions.

As a result, the DA released its Blueprint for Mental Health Reform: A Strategic New Approach Addressing the Intersection of Mental Health, Homelessness and Criminal Justice in San Diego County last year, which includes system reform recommendations to improve public safety outcomes. The 70-page document contains 30 specific recommendations for how law enforcement and the justice system can better respond to people facing mental health challenges, including the pre-trial diversion program that got the green light at today’s Board of Supervisor’s meeting.

California law allows a court to postpone criminal prosecution for up to two years, under certain circumstances, and instead refer individuals to community-based treatment that meets their specialized mental health needs. The DSH funding supports county diversion programs for a particular subset of all people who may be eligible for mental health diversion: individuals charged with felonies, with diagnoses of schizophrenia, schizoaffective disorder, and bi-polar disorder, who are at risk of being ruled incompetent to stand trial.

Partners in the proposed mental health diversion program include the District Attorney’s Office, the Sheriff’s Department, the Public Defender, the Health and Human Services Agency, the Probation Department, and the Superior Court. The program design is based on San Diego County’s successful Behavioral Health Court, and will provide, among other things, Assertive Community Treatment, wraparound services, case management, life skills, medication management, benefits assistance, peer support and community linkages.  The funding will support treatment and housing for approximately 30 participants at any given time during the contract period. [TWEET THIS]

After receiving hundreds of complaints about consumers feeling duped when purchasing timeshares at Welk Resorts, investigators found the California-based company was violating numerous legal requirements set in place to protect consumers from receiving less than they bargained for. Resort vacationers, who wanted to guarantee future vacations at Welk Resorts, were made to believe they were buying real estate, that the value of their investment would increase and that they could easily refinance their purchase, or that they would have easy access to premier vacation spots during high-profile dates such as Christmas or New Year’s. In actuality, none of those things were the case.

As a result of the investigation, Welk Resorts, Inc., which markets and sells timeshares, will pay up to $5.5 million to settle a consumer protection lawsuit that it misled purchasers of its Platinum Program as a result of its timeshare sales practices. The complaint, filed today in conjunction with a proposed Stipulated Final Judgment settling the case, alleges Welk Resorts made untrue or misleading statements and omissions to consumers who purchased a timeshare in its Platinum Program in violation of the Vacation Ownership and Time-Share Act of 2004, codified at California Business and Professions Code section 11210 et seq. (VOTA).

“The bottom line is consumers need to know what they are getting up front without false promises,” said San Diego County District Attorney Summer Stephan. “The law protects consumers by prohibiting timeshare salespeople from overpromising with misrepresentations. Truthful disclosures are especially important in a high-pressure sales environment such as timeshare sales. The expertise in our DA’s Consumer Protection Team was brought to bear to protect consumers from false promises in purchasing timeshares.”

As part of the settlement, Welk Resorts will pay $2 million in penalties and up to $3.4 million in restitution to Welk Resorts timeshare purchasers who were subject to false or misleading statements made during timeshare sales presentations between January 1, 2011 and March 31, 2016. The terms of the Stipulated Final Judgment, which contains no admission of liability, were negotiated with the San

Diego County District Attorney’s Office and the California Attorney General’s Office. The California Department of Real Estate provided valuable assistance investigating consumer complaints. The Stipulated Final Judgment is subject to court approval.

“Today’s settlement sets an unprecedented example for the timeshare industry – you cannot violate the law and expect to get away with it,” said Attorney General Xavier Becerra. “This settlement is a significant win for California consumers. It provides victims with the largest consumer relief package ever obtained by the People for violations of the Vacation Ownership Timeshare Act, returning money to the pockets of those cheated by Welk.”

Welk Resorts worked promptly and cooperatively throughout the investigation of the allegations being resolved through the Stipulated Final Judgment and made changes and revisions to its vacation timeshare sales practices and procedures during the pendency of the People’s investigation.  These changes and revisions included the development and implementation of a VOTA compliance program, that required the creation of new sales training manuals, mandatory sales training, and retention of compliance counsel. Welk Resorts also implemented a policy and practice of recording contract review and signing sessions by video and audio, when possible, subject to the purchasers’ consent.

Media inquiries for Welk can be addressed to Julie Wright at jwright@wrightoncomm.com. Welk owners who have questions can visit www.welkresorts.com/resolution for more information as it becomes available.

The case was handled for the San Diego District Attorney’s Office, Consumer Protection Unit, by Deputy District Attorney Colleen E. Huschke and Deputy District Attorney Steve Spinella.