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Rogers man arrested for allegedly supplying fentanyl to man who later died

According to Benton County Prosecuting Attorney Josh Robinson, this is the first prosecution of the newly codified crime in the county.

ROGERS, Ark. — A Rogers man has been arrested for allegedly supplying a man with drugs who died from a fentanyl overdose in November, according to Keith Foster with the Rogers Police Department (RPD). 

In November 2023, RPD launched an investigation into the death of 19-year-old Charles Gephart. According to police, the Benton County Coroner's Office initially ruled Gephart's death as an accidental overdose. The autopsy report later confirmed the cause of death as "fentanyl intoxication." 

Upon investigation, police discovered 23-year-old Enrique DeJesus Valdez supplied the fentanyl to Gephart. Valdez was initially arrested on May 9 by the Benton County Drug Unit during an ongoing investigation into drug trafficking. 

According to the Benton County Sheriff's Office (BCSO), Valdez was booked for aggravated assault, drug possession, intent to deliver, trafficking a controlled substance, and possession of a firearm. 

On May 13, he was additionally charged with aggravated death by delivery for his alleged involvement in Gephart's death. 

Aggravated death by delivery is a relatively new unclassified felony that went into effect on April 11, 2023. According to Benton County Prosecuting Attorney Josh Robinson, this is the first prosecution of the newly codified crime in the county. 

"The law states a person commits aggravated death by delivery if they knowingly deliver or convey fentanyl to another person, and the ingestion is the cause of death of the other person," Foster said. 

If convicted, it can carry an imprisonment sentence between 20-60 years. 

“Fentanyl distribution has become a pervasive problem in every part of this country, and Benton County is not immune," Robinson said. "This drug has caused tremendous damage to families across this region and this county, and my office will aggressively prosecute individuals accused of distributing and profiting from the addiction of others."

Foster says this is still an open investigation. 

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