On 04-17-2019 at approx. 4:13 p.m., the Mitchell Department of Public Safety Dispatch center received a 911 call regarding a male subject at 713 E. Havens Lot #15 in Mitchell who was not breathing. Officers with the Mitchell Police Division and ambulance personnel with The Mitchell Fire Division responded to the scene. A short time later, it was determined that this situation was an opioid overdose. Ambulance staff quickly administered the opioid antagonist Narcan to the man.
The unconscious male subject was revived at the scene. The man was then treated at Queen of Peace Hospital and was later released from the hospital. The man was then arrested. A search warrant was executed on the residence involved. Officers found several items of drug paraphernalia, and less than 1 gram of an unknown powered substance.
As a result of this incident, 40-year-old Jamie Lee Bowen, date of birth 01-26-1979, was arrested for the offenses of Unauthorized Possession of a Schedule 1 or 2 Controlled Substance, in violation of S.D.C.L. 22-42-5 and for Possession of Drug Paraphernalia, S.D.C.L. 22-42A-3. Other charges are possible against Bowen as a result of this incident.
Unauthorized Possession of a Controlled Substance is a Class 5 Felony punishable by 5 years imprisonment in the state penitentiary and or a fine of $10,000. Possession of Drug Paraphernalia is a Class 2 Misdemeanor punishable by 30 days imprisonment in a county jail and/or a $500 fine. The Mitchell Police Division and the South Dakota Division of Criminal Investigation were involved with the Investigation.
In this incident, Bowen suffered an apparent opioid overdose after allegedly using the drug heroin. Another person who was present in Bowen’s residence during the ensuing medical emergency telephoned 911 to report the medical emergency. The caller stayed at the residence with Bowen, and cooperated fully with the investigation. The opioid antagonist, Narcan, was given to Bowen shortly after he became unconscious, and he survived this incident. The person who called 911 to report the incident, was found to be in the possession of illegal drugs but was not arrested due to her assistance with saving Bowen’s life. Members of the James Valley Drug Task Force and the Davison County State’s Attorney’s Office would like to inform the public that immunity from being charged for committing a drug violation, in such a circumstance, is possible for reporters of such incidents due to a law passed in 2017 (See statue below):
34-20A-110. Immunity from arrest or prosecution for reporting person in need of emergency medical assistance for drug-related overdose. No person may be arrested or prosecuted for any misdemeanor or felony offense of possession, inhalation, ingestion, or otherwise taking into the body any controlled drug or substance if that person contacts any law enforcement or emergency medical services and reports that a person is in need of emergency medical assistance as the result of a drug-related overdose. A person qualifies for the immunities provided in §§ 34-20A-109 to 34-20A-113, inclusive, only if:
(1) The evidence for the charge or prosecution was obtained as a result of the person seeking medical assistance for another person;
(2) The person seeks medical assistance for another person who is in need of medical assistance for an immediate health or safety concern; and
(3) The person seeking medical assistance for another person remains on the scene and cooperates with medical assistance and law enforcement personnel.
There is a similar law that provides immunity for underage drinkers who report medical emergencies caused by alcohol consumption, and who stay at the scene and who cooperate with law enforcement in those medical emergencies. That law is as follows:
35-9-2.4. Immunity from prosecution for offense arising out of underage consumption for person who assists person in need of emergency assistance. No person may be arrested or prosecuted for any misdemeanor offense of underage consumption, open container, or public intoxication, arising out of underage consumption of alcohol if that person contacts any law enforcement or emergency medical services and reports that a person is in need of emergency medical assistance due to alcohol consumption and that person:
(1) Assists the person in need of emergency medical assistance until assistance arrives; and
(2) Remains and cooperates with medical assistance and law enforcement personnel on the scene.