The district attorney’s office declined to prosecute an Edgartown man for manslaughter in a case that involved a fatal drug overdose last April.
The Cape and Islands district attorney’s office has declined to prosecute an Edgartown man for manslaughter in an unusual case that involved a private complaint following a fatal drug overdose in Vineyard Haven last April.
Aaron R. Bezahler, 22, was scheduled to be arraigned Thursday in Edgartown district court on one count of manslaughter after the mother of an overdose victim alleged that he sold her son the drugs that killed him.
But in court on Thursday morning, Cape and Islands assistant district attorney Ben Vaneria told Judge James J. McGovern that the commonwealth was filing a nolle prosequi prior to arraignment. Nolle prosequi means the commonwealth does not intend to prosecute the case and effectively dismisses the charges. In this case, the commonwealth said it would not be able to meet its burden of proof and the complaint was defective as a matter of law.
The entire proceeding was over in a few minutes, and Mr. Bezahler left the courtroom, accompanied by family members.
The case centered on the death of Antone Silvia, who was 26 when he died of a fatal overdose in Vineyard Haven on April 20. According to an autopsy report filed in court, the cause of death was acute fentanyl and ethanol intoxication. After a police investigation, Mr. Bezahler was arraigned in June on charges of conspiracy to violate drug law and distributing a class A drug (heroin). Police said cell phone information, text messages and other information showed that Mr. Bezahler allegedly helped Mr. Silvia buy heroin shortly before his death.
The case is slated for trial this spring.
Meanwhile, last month Mr. Silvia’s mother, Brenda L. Williston-Floyd of Fairhaven, filed an application for criminal complaint seeking a charge of manslaughter against Mr. Bezahler. In a letter filed in court, Ms. Williston-Floyd claimed Mr. Bezahler’s negligence led to her son’s death because he allegedly sold him heroin laced with fentanyl, a more potent drug, without her son’s knowledge. “So by Antone thinking he was taking heroin, he gave himself a dosage that he knew he could handle,” she wrote. “Since what he was given was fentanyl it ended up being a lethal dose.”
“Mr. Bezahler’s negligence has affected our family greatly and [Mr. Silvia’s] son has to go on without his dad being by his side,” the letter concluded.
Sitting in for Edgartown district court clerk-magistrate Liza Williamson, who recused herself from the matter, Barnstable court clerk magistrate Charles J. Ardito 3rd found probable cause for the charge.
But the matter ended Thursday when attorneys for the commonwealth said they would not prosecute.
“Even if the language of the complaint comported with the law, the evidence in this case would not permit the commonwealth to meet its burden of proof with respect to the crime of manslaughter,” a nolle prosequi motion filed by the commonwealth said in part.
Parties in the case have agreed to a March 19 trial date for Mr. Bezahler’s drug charges.

Comments
With a proper forensic team
Paul Adler West TisburyWith a proper forensic team this family could have proved the opiate dealer was guilty. If nothing else I hope the family files a civil suit so the person that killed their son pays for that loss. Opiate selling should be prosecuted in the same manner as gun homicides are. Opiates are enslaving an entire generation of our population as ones free will is lost and replaced with a full time need to satisfy the addiction.
Low level drug dealers are
Erik Albert Oak BluffsLow level drug dealers are addicts as well. It's one of the many symptoms of opioid abuse.
Harm reduction practices and
Jane Norton ChilmarkHarm reduction practices and more widely available treatment options are much more effective than increased criminal penalties. The opiate crisis is a public health issue and should be treated like one.
This just in: Heroin also
Grace OBThis just in: Heroin also kills. It’s not like he was given Advil laced with it. He was gambling from the start by taking illegal and potentially life ending heroin.
So dealing fentanyl “is one
Gregory NYC - West TisburySo dealing fentanyl “is one of the many symptoms of opioid abuse “ Erik in OB ? The biggest symptom on that island is the non existent penalties that should be administered for dealing poison to weak , bored islanders. I see the same names over and over again in the papers , arrested and never sent away . Prison could very well get them cleaned up or not , it doesn’t matter. Send them off that fantasy island for a couple of years , all of them . The uneven law enforcement on MV astounds me . Drive 30 mph , get pulled over . Drive later at night - get followed closely by cops for miles. Deal drugs - meh. Out in the real world , these little punks wouldn’t survive too long , believe me.
Until we prioritize the
gutsydoc chilmarkUntil we prioritize the treatment of mental illness, the epidemics of drug abuse and drug-related deaths will not abate. This is far more complicated than criminality or island-boredom.
Opiate addiction is so
PAUL D ADLER west tisburyOpiate addiction is so powerful it must be attacked in every way, criminally and from a health mandate. If word gets out that the dealer is sent away for many years, it would assist in less dealing. Every avenue must be used.
Add new comment