A Forsyth County teen faces charges related to a fentanyl overdose death.
Mallery James, 19, faces a charge of aggravated involuntary manslaughter in the death of Makayla Peacock, 19, according to Sandy Springs police. James was released Friday on a $50,000 bond, Sandy Springs police said. She was arrested July 25.
New legislation known as Austin’s Law, signed this year by Gov. Brian Kemp, created a new charging category, aggravated involuntary manslaughter, which allows for the prosecution of people who allegedly sold or distributed drugs involved in a fatal drug interaction.
The law is named after Austin Walters, a Georgia man who died from a fentanyl-laced pill in 2021.
The law states that a person commits aggravated involuntary manslaughter when they illegally manufacture or sell a controlled substance, that substance contains fentanyl and then the person to whom they sold it dies as a result of the fentanyl.
According to authorities, Peacock died June 6 from a fentanyl overdose after ingesting fentanyl-laced pills. Officers found her unconscious inside a residence after receiving an emergency call. Investigators later discovered that Peacock purchased the pills from James, police said.
An arrest warrant, obtained by The Atlanta Journal-Constitution, stated that Peacock purchased $100 worth of pills from James in a Forsyth County Taco Bell parking lot on June 5.
“Kayla was an amazing young lady who lit up every room she was in,” Peacock’s obituary read. “She loved fearlessly and was loved by all who knew her.”
Days before James’ hearing, Emory Clark, 39, was arrested on multiple charges in a fentanyl-related overdose death, including involuntary manslaughter under Austin’s Law. The previous month, Cara Edelkind faced the same charge, in addition to murder, in connection with a fentanyl-related death.
In addition to those two cases, Mia Dieguez, a 15-year-old Dunwoody High School student, died in class from a fentanyl overdose in May. A juvenile suspect was later arrested on charges of involuntary manslaughter.
In Georgia, overdose deaths involving fentanyl increased 200% between 2019 to 2021, U.S. Treasury Secretary Janet Yellen said during a June visit to Atlanta where she discussed federal plans to combat the crisis.
“Combatting the trafficking of fentanyl is a significant challenge,” she said. “It will not be solved overnight.”
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