Fentanyl Overdoses Rarely Lead to Charges, Leaving Grieving Families Seeking Justice

Investigators find most fentanyl-related deaths go uncharged, despite rising overdose rates across the region

Apr. 3, 2026 at 9:52am

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An extreme close-up photograph of a shattered glass vial or drug paraphernalia, capturing the stark, gritty details and dramatic lighting to conceptually illustrate the investigation into the fentanyl crisis and its devastating impact on families.The fentanyl crisis continues to claim lives across the region, but most overdose deaths go uncharged, leaving grieving families seeking justice.Kansas City Today

Fentanyl deaths are surging, but in most cases, no one is ever charged, creating a growing gap between the headlines and the families left behind. Our investigation found that in Jackson County, Missouri, police sent just 17 cases to prosecutors out of at least 628 fentanyl deaths since 2022, with charges filed in only 9 cases. In neighboring Johnson County, Kansas, 144 deaths resulted in only 14 cases sent to prosecutors, with charges in 11. Law enforcement and prosecutors cite challenges like lacking resources, proving intent, and dealers not knowing what they're selling as reasons for the low prosecution rates.

Why it matters

The lack of accountability for fentanyl-related deaths has left many grieving families, like that of 21-year-old Jaelin Punshon, who was 26 weeks pregnant with twins when she died, feeling that justice has not been served. The crisis continues to claim lives nationwide, with fentanyl poisonings now the leading cause of death for Americans under 45.

The details

Jaelin Punshon's case highlights the difficulties in prosecuting fentanyl deaths. Despite initial signs of foul play, including marks on her neck and burst blood vessels, her death was ruled an accidental fentanyl overdose. Her mother, Crystal Bethune, believes the police did not thoroughly investigate. Prosecutors say the high bar to prove intent, as well as the challenge of dealers not knowing what they're selling, make many of these cases difficult to prosecute.

  • Jaelin Punshon died on January 10, 2025.
  • In October 2023, a new Missouri law took effect that makes delivery of a controlled substance resulting in death a Class A felony, which prosecutors hope will lead to more charges.

The players

Crystal Bethune

Jaelin Punshon's mother, who is fighting for justice for her daughter's death.

Jaelin Punshon

A 21-year-old woman who was 26 weeks pregnant with twins when she died of a fentanyl overdose in January 2025.

Tony Mattivi

Director of the Kansas Bureau of Investigation, who says many departments lack the resources to thoroughly investigate fentanyl overdoses.

Melesa Johnson

Jackson County Prosecutor, who says the high bar to prove intent and the challenge of dealers not knowing what they're selling make many of these cases difficult to prosecute.

Andy and Rhonda Burris

Parents of 15-year-old Cruz Burris, who found justice for their son's fentanyl-related death through persistence and advocacy.

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What they’re saying

“I still, in my own heart, don't feel that Jaelin did this to herself. I feel like they got the autopsy report and there was fentanyl in her system, and it was the easiest way to close the case.”

— Crystal Bethune, Jaelin Punshon's mother

“There is nobody I know inside the law enforcement community who's not taking this problem seriously.”

— Tony Mattivi, Director, Kansas Bureau of Investigation

“The harsh reality is we cannot prosecute what we don't receive, and then once we do receive a case file, we have to prove every single element of the applicable charge beyond a reasonable doubt.”

— Melesa Johnson, Jackson County Prosecutor

“Be persistent to talk to your community leaders, politicians, anyone who could help move the ball forward.”

— Andy Burris

What’s next

The new Missouri law that makes delivery of a controlled substance resulting in death a Class A felony offers hope that more fentanyl-related deaths will lead to charges in the future. Prosecutors and law enforcement are also working to improve resources and investigative capabilities to better tackle the fentanyl crisis.

The takeaway

The lack of accountability for fentanyl-related deaths has left many grieving families feeling that justice has not been served, despite the surging overdose rates across the region. Addressing the challenges in investigating and prosecuting these cases, such as lack of resources and the high bar to prove intent, will be crucial in providing more families with a measure of justice.