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Dallas County man sentenced to 30 years under new Texas fentanyl dealing law

A close-up photo of a hand holding a vial full of clear liquid against a dark blue background. The vial is labeled "FENTANYL."
Jacquelyn Martin
/
AP
A reporter holds up an example of the amount of fentanyl that can be deadly after a news conference about deaths from fentanyl exposure, at DEA Headquarters in Arlington, Va., June 6, 2017.

A Dallas County jury sentenced a man to 30 years in prison last week in the county鈥檚 first prosecution under a new Texas law mandating harsher penalties for dealing fentanyl.

According to the Dallas County District Attorney鈥檚 Office, Dallas Police pulled 33-year-old Richard Leal over Feb. 18, 2023, after multiple traffic violations. Officers found that Leal had cocaine, fentanyl pills, Alprazolam pills, methamphetamine pills and marijuana in his bag. The DA鈥檚 office said Leal told police he was able to get thousands of pills and bricks to distribute.

Leal was convicted April 4 of delivering between four and 200 grams of a controlled substance, which is now a first-degree felony under. The law passed in last year鈥檚 legislative session raises the criminal penalty for dealing fentanyl.

鈥淭his significant sentencing marks a pivotal moment in our ongoing efforts to combat the distribution of deadly opioids like fentanyl in Dallas County,鈥 District Attorney John Creuzot said in a press release. 鈥淢y office remains committed to holding accountable those who profit from spreading such dangerous substances within our communities."

Leal鈥檚 attorney James Aulbaugh was not immediately available for comment.

Benson Varghese, managing partner of Varghese Summersett, said these can seem like much harsher criminal penalties for people convicted and the criminal defense attorneys who represent them.

鈥淭his arguably high sentence, if you were to compare it to other drug cases, makes sense once you understand that's what the Legislature intended,鈥 he said. 鈥淭hey intended for these to be prison sentences and the punishment range to be very large so that the jury has the opportunity to not only punish the crime, but, in essence, send a message to other people that might be considering committing this offense.鈥

Possessing even four grams of a controlled substance carries a minimum sentence of 10 years under the new law, which makes a person convicted ineligible for probation, Varghese said.

But the heightened focus on prosecuting people for dealing it reflects the countrywide panic over the growing problem of fentanyl-related deaths.

Like the United States鈥 long-term disparities in doling out prison sentences for dealing crack versus powder cocaine, Varghese said it will take time for Texas and the country understand the impact of policing fentanyl more harshly.

"I think people are interested in being aware of consequences of different legislation and the effects of sentencing on people and disparities that arise," he said. "I think we're more attuned to the problem, so if there is one, then I hope that we spot it sooner."

Got a tip? Email Toluwani Osibamowo at tosibamowo@kera.org. You can follow Toluwani on X .

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Toluwani Osibamowo covers law and justice for 四虎影院. She joined the newsroom in 2022 as a general assignments reporter. She previously worked as a news intern for Texas Tech Public Media and copy editor for Texas Tech University鈥檚 student newspaper, The Daily Toreador, before graduating with a bachelor鈥檚 degree in journalism. She was named one of Current's public media Rising Stars in 2024. She is originally from Plano.