Batesville, In. — While Nathaniel Walmsley, 36, and James Alvin (Al) Trimnell wait at the Ripley County Jail for their initial court hearing for murder in connection with the overdose death of Rachel Walmsley in July of 2017, prosecutor Ric Hertel explains the decision.
Indiana Code 35-42-1-1 says murder charges can be filed against one who knowingly or intentionally kills another human being through dealing a Schedule I, II or II drug. Hertel says the decision was made after consultation with Batesville Police chief Stan Holt, the detective in charge, the Indiana Prosecuting Attorney’s Association and the Indiana Attorney General.
Murder charges are becoming more common as more fatal overdose cases involving Fetanyl and carfentanil are confirmed. The legal argument is that many dealers knowingly sold the lethal substances as heroin while knowing the drugs had the potential to kill. Officials in other cases believe holding dealers accountable for deaths caused by their products may deter others. Murder or manslaughter-related charges have been filed in Ohio, Tennessee, Minnesota, Florida and now Indiana.
Rachel Walmsley, 36, of Batesville, died July 30 after her husband, Nathaniel injected her with a toxic mixture. Court documents say Walmsley had Trimnell deliver the drugs that day to their Batesville home. An autopsy completed by Dr. Thomas Sozio determined Walmsley died of acute fentanyl and ethanol intoxication.
Nathaniel Walmsley and James Alvin Trimnell were arrested Tuesday evening without incident. If convicted for felony murder they could receive 45 to 65 years in prison.
