CLEVELAND — A 54-year-old Cleveland man has been charged with selling narcotics that resulted in a fatal overdose earlier this year.
According to the Department of Justice, in a superseding indictment, Rubin Austin has been charged with distributing a heroin, fentanyl and fluorofentanyl mixture to a victim, who later suffered a fatal overdose after ingesting the substance. Austin has also been charged with additional counts of distribution of heroin, fentanyl, fluorofentanyl and cocaine base (crack); possession with intent to distribute of heroin, fentanyl, fluorofentanyl and cocaine base (crack) and use of a communications facility to facilitate a drug trafficking offense.
The incident occurred in January 2022 when officers with the Cleveland Division of Police responded to a residence for reports of an overdose death. Upon arrival, officers opened an investigation into the incident, which determined that the deceased had allegedly purchased narcotics from an individual identified as Austin.
A release noted that an indictment is "only a charge and is not evidence of guilt" and that a "defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt."
If convicted, Austin's sentence will be determined by the Court following a review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation. The release also stated that in all cases, the sentence will not exceed the statutory maximum and in most cases, it will be less than the maximum.
The Cleveland FBI and the Cleveland Division of Police conducted the investigation preceding the indictment. Assistant United States Attorneys Elizabeth M. Crook and Payum Doroodian are prosecuting the case.
