Cleveland man indicted for selling furanyl fentanyl that resulted in fatal overdose

A Cleveland man was indicted for selling furanyl fentanyl that resulted in the fatal overdose of a Cleveland man last year, law enforcement officials said.

Derek Hamilton, 24, was charged in a 10-count indictment with distribution of furanyl fentanyl that resulted in a death, distribution of furanyl fentanyl, possession with intent to distribute heroin, possession with intent to distribute fentanyl and cocaine, possession with intent to distribute fentanyl, firearms offenses and other crimes.

Hamilton sold furanyl fentanyl on Aug. 2, 2016, that resulted in the overdose death of a Cleveland man one day later, according to the indictment.

Hamilton possessed heroin, fentanyl, cocaine, and a mix of cocaine and fentanyl on Aug. 9, 2017.

“Opioids have caused a staggering amount of pain and death across our state, particularly in Cuyahoga County,” said U.S. Attorney Justin E. Herdman. “We will continue to seek long prison sentences for people who sell heroin and profit off this epidemic.”

“Arresting drug dealers will not ease the pain of those left behind in the wake of a fatal overdose, but it does send a clear message that those dealers will face consequences for their illegal and deadly activities,” said DEA Special Agent in Charge Timothy Plancon. “DEA’s top priority is to work with our partners in law enforcement and stop the trafficking of heroin and other opioids in our communities.”

This case is being prosecuted by Assistant U.S. Attorneys Marisa T. Darden and Justin Seabury Gould following an investigation by the DEA and Cleveland Division of Police.

If convicted, the defendants’ sentences will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.

An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.