Fifth in a series looking at drug-induced homicides

Patrick Kenneally saw the numbers and knew he had to act.

Seeing that 78 people suffered overdose deaths in McHenry County in 2017, up from the mid-30s at the start of the opioid epidemic, Kenneally and his staff went into action.

“We committed to do something about that,” the McHenry County state’s attorney said. “We formed a task force to go over every death. We wanted to make sure to go over the deaths with law enforcement and we saw results.

“Prior to 2017, overdoses were not viewed as a crime. Bodies were put in trucks. Cell phones were returned to families. We had to rethink things. I said to get drugs out of McHenry County and those who distribute the drugs off the streets, we had to charge people with Class X felonies.”

He said without organized drug gangs in the county, people seeking to buy drugs oftentimes head to Milwaukee, Rockford or Chicago.

“They would go and buy enough for themselves and their friends,” Kenneally said. “We were able to target them and remove them. We were able to get the message out that if you are going to risk someone else’s life, we are going to go after you and try to take you off the streets.”

McHenry County saw a drastic turnaround. In 2018, overdose deaths in the county dropped into the high 50s. By 2019, overdose deaths were back in the 30s, where they had been prior to the opioid epidemic.

“Compare our statistics with every other county,” Kenneally said. “You can see we reduced our deaths by half and their overdose numbers continue to go up. I think that is because we use the drug-induced homicide law.”

The law allows for anyone who provides a fatal dose of drugs to another person to be charged with a drug-induced homicide felony and face 15-30 years in prison, if convicted.

Kenneally said his office has charged more than 80 individuals with drug-induced homicide.

“That’s more than every other county in Illinois combined,” Kenneally said.

The McHenry County state’s attorney did not have drug-induced homicide conviction numbers but said most individuals charged with drug-induced homicide had some type of conviction, possibly for a lesser charge, from the case.

He said he doesn’t buy arguments that charging people with drug-induced homicide further devastates the situation because it is often a family member or friend with their own drug issues who gave the person the fatal dose. He also said he doesn’t believe people are less likely to call paramedics for an overdose because of the drug-induced homicide law.

“They think being addicted excuses their behavior,” Kenneally said. “They chose the height of selfishness over the life of someone else. That goes well past a public health issue. Their decision led to a person lying in a grave for the rest of eternity.

“There are Good Samaritan laws on the books, so they are totally protected when calling for help.”