Hillory J. Farias and Samantha Reid Date-Rape Prevention Act of 2000
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Samantha Reid (January 2, 1984 – January 17, 1999) was an
American American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, pe ...
poisoning victim. She grew up in the
Detroit Detroit ( , ; , ) is the largest city in the U.S. state of Michigan. It is also the largest U.S. city on the United States–Canada border, and the seat of government of Wayne County. The City of Detroit had a population of 639,111 at th ...
,
Michigan Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
Metropolitan Area and came to national attention due to her lethal
GHB ''gamma''-Hydroxybutyric acid (or γ-hydroxybutyric acid (GHB), also known as 4-hydroxybutanoic acid) is a naturally occurring neurotransmitter and a depressant drug. It is a precursor to GABA, glutamate, and glycine in certain brain areas. ...
overdose, at the age of 15. Her death resulted in the first manslaughter trial of defendants who were accused of being responsible for a GHB overdose. Convictions of poisoning were upheld.


Summary

On January 16th 1999 Samantha Reid and her friends, Melanie Sindone and Jessica VanWassehnova, attended a party where three young men offered them drinks. Samantha and Melanie both asked for
Mountain Dew Mountain Dew, stylized as Mtn Dew, is a carbonated soft drink brand produced and owned by PepsiCo. The original formula was invented in 1940 by Tennessee beverage bottlers Barney and Ally Hartman. A revised formula was created by Bill Brid ...
. The young men brought them the cocktails, to which they had added either
gamma-hydroxybutyric acid ''gamma''-Hydroxybutyric acid (or γ-hydroxybutyric acid (GHB), also known as 4-hydroxybutanoic acid) is a naturally occurring neurotransmitter and a depressant drug. It is a precursor to GABA, glutamate, and glycine in certain brain areas. ...
(GHB) or gamma-butyrolactone (GBL). Melanie stated that her face became numb soon afterward, and then she and Samantha both passed out. Jessica later noticed that they were having difficulty breathing. The boys eventually drove them to a hospital, but Samantha was not breathing when she arrived at the hospital. Both girls were put on life-support; Reid died the next day. Three of the young men, Joshua Cole, Daniel Brayman, and Nicholas Holtschlag were initially convicted of manslaughter and poisoning, but an appellate court dismissed the manslaughter conviction. Accessory charges against party host Erick Limmer, who was in his bedroom when Samantha became unconscious, were also dismissed.


Trial

The four men were charged with manslaughter as well as related offenses. Three were convicted of manslaughter as well as poisoning while the fourth was convicted of being an accessory. Joshua Cole, Daniel Brayman, and Nicholas Holtschlag were sentenced to 15 years for the involuntary manslaughter charge and two counts of mixing a harmful substance. Erick Limmer received a 5-year sentence for one count each of being an accessory to manslaughter after the fact. This included the related charges of mixing a harmful substance, delivery of marijuana and possession of GHB. The Michigan Court of Appeals dismissed the manslaughter convictions of Cole, Brayman, and Holtschlag on March 21st, 2003. The court also dismissed the accessory charge against Limmer. The court upheld the other convictions, that pertained to poisoning, against all four men. The basis for the appeal and dismissal was the claim that the prosecution had contradicted itself by asserting that the manslaughter was involuntary while the poisoning was intentional. Assistant Wayne County Prosecutor Tim Baughman expressed an intent to appeal the ruling.


Outcome

Reid's death inspired the legislation titled the "Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000". This law categorized GHB as a
Schedule I controlled substance This is the list of Schedule I drugs as defined by the United States Controlled Substances Act. 21 CFRbr>1308.11(CSA Sched I) with changes through (Oct 18, 2012). Retrieved September 6, 2013. The following findings are required for drugs to be pl ...
according to the
Controlled Substance Act The Controlled Substances Act (CSA) is the statute establishing federal U.S. drug policy under which the manufacture, importation, possession, use, and distribution of certain substances is regulated. It was passed by the 91st United States ...
. However, FDA-approved products containing
sodium oxybate Sodium oxybate, sold under the brand name Xyrem among others, is a medication used to treat two symptoms of narcolepsy: sudden muscle weakness and excessive daytime sleepiness. It is used sometimes in France and Italy as an anesthetic given i ...
, such as Xyrem, are regulated under the less-strict Schedule III.


References


External links

* * {{Portal, 1990s 1984 births 1999 deaths 1999 in Michigan Accidental deaths in Michigan American children American manslaughter victims People from Detroit