Man Charged in Fentanyl Overdose Death of Marine

Assistant U. S. Attorney Timothy Coughlin (619) 546-6768, Special Assistant U.S. Attorney Thomas Endicott, Captain, U.S. Marine Corps (619) 546-8664

NEWS RELEASE SUMMARY – March 2, 2018

SAN DIEGO – A 25-year-old Marine Corporal was found unresponsive on the floor in his Camp Pendleton barracks on Sunday, January 29, 2017. He was lying next to his computer chair, still wearing headphones. He appeared to have been playing video games. Paramedics were unable to revive him.

What followed was an autopsy report that determined the cause of death to be fentanyl toxicity, and a death investigation that has resulted in federal charges against the alleged dealer, 25-year-old Kyle Anthony Shephard of San Marcos.

In a complaint unsealed today, Shephard is charged with Distribution of Fentanyl Resulting in the Death of the Marine, identified in court documents only as Corporal M.C., 1st Marine Division. Shephard was arraigned before U.S. Magistrate Judge, Mitchell D. Dembin today at 2:00 p.m.  He is scheduled to appear for a detention hearing on Tuesday, March 6, 2018 at 1:30 p.m., also before Judge Dembin.

The last known contacts with Corporal M.C. occurred late Friday night, January 26, 2017, two days before his death, and shortly after midnight on Saturday morning. A forensic examination of Corporal M.C.’s computer showed his last computer activity taking place at 1:44 a.m. on January 28, 2017. 

On February 1, 2017, an autopsy was conducted at the Naval Medical Center San Diego.  The toxicology screen was positive for fentanyl.  Colonel Ladd Tremaine, M.D., Medical Corps, U.S. Army, Armed Forces Medical Examiner, determined that Corporal M.C. died of opioid toxicity caused by a fentanyl overdose.

On April 28, 2017 a forensic chemist with the Defense Forensic Science Center, reported that a blue pill seized from Corporal M.C.’s barracks room tested positive for fentanyl. The pill was discovered on the headboard next to a powdery substance and a rolled up dollar bill.   

A complaint alleges that Shephard distributed the fentanyl pills to Corporal M.C. which caused his death.  Text messages obtained from Corporal M.C.’s phone revealed he was first introduced to Shephard in November 2016.  During the next three months – November – December 2016 and January 2017 – they arranged numerous sales of fentanyl and other drugs.  Their conversations included Shephard acknowledging that the pills could lead to an overdose.

Their drug-based relationship culminated on Friday January 27, 2017, when Shephard sold four fentanyl pills to Corporal M.C. for one hundred dollars.  The contents of that text message are included below:

Corporal M.C. – 6:14 PM – Yo whats good bro.

Shephard – 6:15 PM – What’s good?

Corporal M.C. – 6:17 PM – Can u meet up in a lil bit?

Shephard – 6:20 PM – Yes come to esco

Corporal M.C. – 6:21 PM – Do u have the fetanyl ones or the other ones

Shephard – 6:22 PM – I have both but new fet prices are 25 the others are 20 I lost a Plug and had my prices raised significantly with the fet ones

Corporal M.C. – 6:34 PM – Any deals

Corporal M.C. – 6:41 PM – And where do u wanna meet

Shephard – 6:41 PM – If you get quite a bit

Corporal M.C. – 6:44 PM – Kk ill take 4 for a hundo

Corporal M.C. – 6:53 PM – Im omw

Shephard – 6:57 PM - Fasho

Corporal M.C. – 7:25 PM – Where we meeting

Shephard – 7:28 PM – My housr

Corporal M.C. – 7:34 PM – Im in here

Shephard – 7:36 PM – Me too

Corporal M.C. – 7:36 PM – Im near the address 336

An investigation of Shephard’s ongoing criminal activity found that on December 12, 2017, Shephard and a female associate were arrested and charged by the San Diego District Attorney’s Office with distribution of a controlled substance. Law enforcement officers involved in the arrest of Shephard said the controlled substance Shephard was charged with possessing for distribution was approximately 2,000 fentanyl-laced pills.

“What a senseless tragedy that another young life has been lost because of fentanyl,” said U.S. Attorney Adam Braverman. “This Marine was serving his country and had his whole life ahead of him. We are going to hold dealers accountable for the deaths that result from their reckless disregard for human life.”

“NCIS and other law enforcement agencies must do whatever we can to address the nation's ongoing opioid crisis by going after those who are dealing death. Busting a dealer tied to the death of a U.S. Marine will hopefully save the lives of other service members,” said NCIS Pendleton Field Office Special Agent in Charge Todd Battaglia.

In another recent case being prosecuted by the U.S. Attorney’s Office, alleged heroin distributor Max Gaffney was arrested in January 2018 and charged with Distribution of Heroin Resulting in Death.  According to an October 2017 indictment, Gaffney distributed heroin on February 16, 2017, which resulted in the death of a person identified only as K.R.  For further information please see Case Number 17cr3330.

While final numbers have not been released, preliminary estimates reflect that deaths caused by fentanyl analogs doubled in San Diego County in 2017 over 2016.

DEFENDANT                                     Case Number 18-mj-0935-MDD                                            

Kyle Anthony Shephard                        Age: 25           

SUMMARY OF CHARGES

Distribution of Fentanyl Resulting in Death – Title 21, U.S.C., Section 841(b)(1)(C)

Maximum penalty: Mandatory minimum 20 years in prison up to life

AGENCY

United States Naval Criminal Investigative Service Marine Corp

U.S. Army, Armed Forces Medical Examiner

Defense Forensic Science Center

San Diego County Sheriff’s Department

United States Attorney’s Office

*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.