Sunday, October 18, 2020

From my desk: Major Opioid Use in the Major Leagues


Former Angels Communications Director Eric Kay has been indicted for death of Angels pitcher Tyler Skaggs. Charges include conspiracy to distribute and possession with intent to distribute. Kay faces up to 20 years in Federal Prison if convicted. Involuntary manslaughter was not on the table.
 

Skaggs was found dead in his hotel room

on July 1, 2019 while in Texas for a game. His cause of death was determined to be a mixture of alcohol, fentanyl and oxycodone intoxication with aspiration of gastric contents. Essentially Skaggs choked on his vomit. 


It was later ascertained that “but for the fentanyl, Mr. Skaggs would not have died," the U.S. Attorney's Office in Northern Texas announced. I have not seen the toxicology report regarding the levels of each substance detected and it may be difficult for the government to proceed on this theory/ conclusion given that any one of the substances Skaggs ingested could have resulted in aspiration and death. 


Based on various news outlets, Kay, who is NOT a medical doctor, told investigators he gave Skaggs three oxycodone pills a day or two before the Angels left California for Texas for a series against the Rangers. Kay also said he did not believe the pills he gave Skaggs were the same the athlete took the day he died because he usually consumed them immediately. This leaves open the possibility that Skaggs obtained pills via another source, possibly absolving Kay as a causal connection must be established between the criminal acts and the death. However, incriminating text messages exchanged between the two regarding pills, and hotel swipe key records from June 30, the day before Skaggs was found dead, place the two of them in Skaggs room late on June 30. Kay ultimately admitted he was with Skaggs on June 30 and observed him snort a variety of substances including oxy and cocaine. However it does not appear cocaine was detected in Skaggs’ system on autopsy. 


It is doubtful that Kay will receive any substantial sentence given past similar scenarios. Remember Michael Jackson’s doctor Conrad Murray? He only served two years out of a four year sentence after being convicted for involuntary manslaughter in the death of Jackson after administering lethal doses of Propofol. 


Given the apparent widespread abuse of opioids, Major League Baseball Players Association announced in December 2019 that it would start testing for drugs including opioids and cocaine, with marijuana being removed from the list of banned substances.