EL DORADO COUNTY, Calif. – District Attorney Vern Pierson expressed his gratitude to federal partners at the FBI and the U.S. Attorney’s Office for their swift collaboration, which led to federal charges being filed against Timothy Austin Pannell for the distribution of fentanyl, resulting in four tragic overdose deaths in South Lake Tahoe last year.

“We deeply appreciate the tireless work and dedication of our federal partners in bringing this case forward,” said District Attorney Pierson. “Their resources and expertise have been invaluable in securing charges to hold Mr. Pannell accountable for the devastating loss our community has experienced.”

On February 11, 2024, Pierson said Pannell mistakenly supplied fentanyl, rather than the cocaine he typically sold, to Adam Joy and another individual in South Lake Tahoe. Believing the substance was cocaine, Mr. Joy shared it with friends during a Super Bowl party at his residence. Tragically, four attendees overdosed and died.

An investigation conducted by South Lake Tahoe Police Department detectives and FBI Special Agents involved extensive digital forensic analysis. Mobile phone communications and GPS data confirmed multiple interactions between Mr. Pannell and the victims on the night of the incident.

Pierson said that Pannell realized the mistake in selling fentanyl instead of cocaine and made multiple frantic attempts to warn the victims, placing “at least 17 unanswered phone calls and later drove through the victim’s neighborhood in an unsuccessful effort to prevent harm.”

After the deaths, a probation search of Pannell’s South Lake Tahoe residence uncovered evidence of ongoing drug trafficking, including fentanyl residue, a digital scale, and cash concealed in deceptive containers, said Pierson.

Pannell was on probation from previous drug charges at the time and was arrested by the South Lake Tahoe Police Department on probation violation charges on March 7, 2024.

Why Federal Charges Were Pursued

Under current California law (pre-Proposition 36), charging Mr. Pannell with second-degree implied malice murder was not viable. To secure such a conviction, prosecutors must prove beyond a reasonable doubt that the defendant knowingly acted in conscious disregard for human life. In this case, Pierson said the evidence clearly shows Pannell believed he was distributing cocaine and made efforts to warn the victims upon discovering his mistake, negating the intent required for a murder charge.

Moreover, under California Supreme Court precedent, furnishing cocaine is not inherently dangerous to human life, so a second-degree murder charge became legally impossible, and federal charges were pursued.

The federal criminal complaint charges Mr. Pannell with distribution of fentanyl, a violation of 21 U.S.C. § 841(a)(1), reflecting the severity of the offense and allowing for appropriate accountability.

Impact of Proposition 36

Had this tragic event occurred after the enactment of Proposition 36, state prosecutors would have had additional tools to pursue harsher charges and penalties. Proposition 36 mandates that courts provide explicit warnings to drug distributors about potential murder charges in cases of overdose deaths,
significantly altering prosecution strategies in drug-induced fatality cases, said Pierson in a press release.

Defendant’s Prior Record and Early Release Concerns

Pannell’s criminal history includes a felony drug conviction with firearm enhancement in 2021. He was given mandatory supervision for three years on 12/30/2021. Terms of probation included “do not possess or use drugs, possess a deadly weapon, possess a firearm,” and be subject to search and seizure.

He pleaded “no contest” on the probation violation on March 11, 2024, and was sentenced to three years in state prison on April 9, 2024. At the time of his arrest, he was on probation for prior drug-related offenses and was released early on April 8, 2025, due to credits earned through drug rehabilitation programs.

District Attorney Pierson expressed concern over the California Department of Corrections and Rehabilitation’s policies that facilitated Mr. Pannell’s early release.

“Allowing Mr. Pannell back into our community prematurely (after 14 months of a 36-month sentence) underscores a significant flaw in current state policies. Despite a state constitution requiring “truth in sentencing,” this early release demonstrates our sentencing is anything but truthful and jeopardizes public safety,” Pierson said.
“The El Dorado County District Attorney’s Office remains committed to collaborating with federal authorities to prosecute those who distribute deadly narcotics and to protect the community from further harm.”