Three indicted on federal charges after alleged fentanyl sale leads to fatal overdose

J. Bishop Grewell, Acting United States Attorney
J. Bishop Grewell, Acting United States Attorney
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Three Denver residents have been indicted by a federal grand jury on charges related to the distribution of fentanyl resulting in death, according to an announcement from the U.S. Attorney’s Office for the District of Colorado. Felicia Ortiviz, 36, Joe Elijo Herrera, 51, and Alina Serena Ochoa-Luna, 33, are each charged with conspiracy to distribute fentanyl resulting in death. Additionally, Ochoa-Luna faces a charge of distribution of fentanyl resulting in death. Ortiviz is also charged with distribution of fentanyl resulting in death and distribution of fentanyl to a person under twenty-one years of age.

Court records state that Herrera began selling “blues”—a street term for counterfeit M/30 pills containing illicit fentanyl—to the victim in September 2023 after the victim turned nineteen. Herrera allegedly continued these sales until late January 2024 when his girlfriend, Ortiviz, took over direct dealings with the victim. On February 13, 2024, Ochoa-Luna delivered blues to Ortiviz at the residence she shared with Herrera. That night, Ortiviz provided blues to the victim at their home. The victim later returned to his apartment in student housing and died shortly afterward due to toxic effects from fentanyl.

“The charges contained in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty.”

If convicted at trial, all three defendants face a mandatory minimum sentence of 20 years imprisonment and could receive up to life in prison.

The Drug Enforcement Administration and Denver Police Department are conducting the investigation. The case is being prosecuted by the Transnational Organized Crime and Money Laundering Section of the United States Attorney’s Office for the District of Colorado.



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