Serving the citizens of Clear Creek, Eagle, Summit and Lake Counties

Five Year Sentence for Fentanyl Distribution Resulting in Death of Two Breckenridge Men

BRECKENRIDGE, COLORADO – Christopher Malcolm of Breckenridge, age 22, was sentenced today in Summit County District Court to five years to be served at State of Colorado Community Corrections for distributing $20 worth of fentanyl, a controlled substance, that resulted in the overdose deaths of his brother, Michael Malcolm, and a friend, Dylan Randall, within hours of each other on September 26, 2015.

Summit County Sheriff’s Deputies, responding first at 7:00 A.M. and then at 9:00 AM on September 26, 2015 to separate Breckenridge residences, where Fentanyl, an opioid used legally to treat severe pain, claimed two lives, that morning. Later, toxicology results ordered by the coroner’s office measured at least 8.3 Nanograms per milliliter in both victims who had injected the drug. Amounts exceeding 3 Nanograms are known to be lethal.

The Defendant Christopher Malcolm admitted having distributed to both victims the Fentanyl he purchased online through “the dark Web”, the day before. Malcolm and the two deceased men had extensive history of drug abuse, and Malcolm himself had overdosed and been sent to the hospital the night before the fatal doses.

The family of victim Dylan Randall, a Summit County native who was known for his keen sense of humor and love of fishing and hunting, told the story of their heartache recently on CBS4-Denver. (See http://denver.cbslocal.com/tag/christopher-malcolm/)

At the sentencing hearing, two families grieved for their losses and during sentencing the Judge, Chief Judge Mark Thompson noted, “Opioid overdoses are epidemic but the source has to start somewhere. Obtaining and sharing drugs has a consequence and when that factors into (a death) that is significant… Death resulted from the drugs supplied. Malcolm and others must recognize there are consequences.”

District Attorney Bruce Brown argued for the community corrections sentence at the hearing and later said, “To users, these drugs are irresistible, even in the face of death. Today’s sentence doesn’t punish but hopefully deters. People who are on this path, or who have friends in a position of drug dependency, can find help in our community. Even going to a twelve-step program, available in every county in the State daily, bringing together addicts and reformed addicts, can save a life, maybe even one’s own. We will continue to use the resources of law enforcement and the courts to try to find solutions to address these issues but fundamentally our community cannot turn a blind eye to the horror that is occurring daily.”

According to the National Institute on Drug Abuse, “Fentanyl is a powerful synthetic opioid analgesic that is like morphine but is 50 to 100 times more potent. It is a schedule II prescription drug, and it is typically used to treat patients with severe pain or to manage pain after surgery.” The Colorado Department of Public Health & Environment reports that from 2000-2015, there were 10,552 drug overdose deaths amongst Colorado residents, with rates rising nearly every year. According to the Centers for Disease Control, Opioids were responsible for 33,091 deaths across the Nation in 2015, quadrupling since 1999.

The Hilltop House, in Durango, Colorado, is a Corrections Center for felons where residents must pay rent, find a job in the community while they participate in rehabilitation programs including substance abuse rehabilitation.

People who are present at an overdose are immune from prosecution for certain violations of criminal law by summoning help and cooperating with first responders. The District Attorney’s office encourages everybody to call for help to save a life.

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CHRISTOPHER MALCOLM