2 charged with murder after 18-year-old battling addiction dies day after Texas fentanyl law enacted
HARRIS COUNTY, Texas (KTRK) -- Two alleged drug dealers accused of selling an 18-year-old laced fentanyl are now charged with murder under a new Texas law.
Jovan Cortez Ortiz, 18, was battling a drug addiction and spent time in rehab, according to the Harris County District Attorney's Office.
His father, John Ortiz, said he was on the right path and had a bright future ahead of him.
"Jovan, he was an amazing son, a hard worker who made everyone laugh," John Ortiz said. "He had future plans, a girlfriend, and great goals ahead of himself. His boss told me he was one of the best employees he had on the team."
However, on Sept. 2, he bought pills laced with fentanyl. Cortez Ortiz died just a day after a new state law went into effect, which allows authorities to charge fentanyl dealers and distributors with murder if it leads to death.
SEE ALSO: First-ever fentanyl murder charge filed in Montgomery County
"He was looking for a certain pill, and sure enough, it was laced with something he didn't know about," John Ortiz said.
Cortez Ortiz's accused dealers and distributor, Muhammad Rafay, 25, and Angel Barrientos, 26, were charged with fentanyl murder by delivery.
"I'll never be the same. My family will never be the same," John Ortiz said.
Harris County District Attorney Kim Ogg said her office has charged four people since the new law was enacted on Sept. 1, 2023.
"Both of these men are facing up to life in prison. That's a lot of leverage for our prosecutors to try and extract more information from the mid-level dealer about where the supply came from," Ogg said.
If someone dies of a meth overdose, the dealer can't be prosecuted for murder, so why fentanyl? District Attorney Ogg said it's because of the incredible lethality.
According to Texas Department of State Health Services data, in 2017, there were 49 fentanyl poisoning-related deaths in Harris County. That number jumped to 478 deaths in 2023.
Ogg said it's easy to track down where the fentanyl came from by using cell phones, which is what happened in this case.
"The best evidence in 2024 is a victim's phone," Ogg said. "The conversation between them and their dealers is right up front and often the last thing they did."
Ogg believes this law sends a strong message to drug dealers and suppliers.
"People who are profiting literally as merchants of death by selling people poison for a few bucks now can be prosecuted for the crime of murder," Ogg said.
Records show Rafay posted his $200,000 bond. Barrientos, whose bond is $100,000, is still behind bars.
SEE ALSO: Bond set at $250K for 24-year-old charged with fentanyl murder after 16-year-old died
John Ortiz said he's relieved his son's accused killers were arrested but wants to see a conviction and the maximum sentencing.
"To the individuals who are doing this, you are devastating families," John Ortiz said. "My son had a full future ahead, and you have totally devastated my family and all his loved ones."
Jovan's mother, Teresa Cortez Poole, also shared a statement with ABC13:
"My main squeeze was an extraordinary, rambunctious young man who had so many future goals. He lit up any room he walked into and had the most beautiful smile. His dad, Michael, and siblings Dazza, Dezirae, Cameron, and Luke miss him tremendously at this house. His home was once full of laughter, craziness, and full of unconditional love. I'm [...] trying to spread awareness on this deadly drug that is taking the innocent lives of our beautiful children of all ages too soon. Forever our Jovan Adrien Cortez."
For updates on this story, follow Brooke Taylor on Facebook, X and Instagram.
SEE ALSO: Family calls for full investigation after death of 17-year-old La Porte High School student
