In re People v. Beverly.

2025 CO 18. No. 24SA258. Intervening Cause—Proximate Cause—Suicidal Intent—Distribution—Fentanyl—C.A.R. 21.

May 5, 2025

The supreme court held that evidence of a drug purchaser’s suicidal intent may be relevant in determining whether a defendant’s distribution of drugs to the purchaser constituted the “proximate cause” of the purchaser’s death under CRS § 18-18-405(2)(a)(III)(A). This is because a drug purchaser’s suicide by means of intentional overdose may constitute an intervening cause that severs the causal connection between the drug distributor’s criminal conduct and the purchaser’s death. The court further concluded that, under the circumstances of this case, the trial court did not abuse its discretion in ruling that evidence of the drug purchaser’s suicidal intent, coupled with physical evidence of suicide, was relevant to the proximate-cause analysis under § 18-18-405(2)(a)(III)(A) and was sufficiently probative to overcome any risk of confusing the jury for purposes of CRE 403. Accordingly, the court discharged the order to show cause.