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Charges Filed In Overdose Death

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: October 7, 2006

TAMPA - A federal grand jury has charged a former nightclub host with selling cocaine and methadone to a businessman who died from an overdose.

Brandon Erwin, 29, used to work part-time at Blue Martini, a nightclub in the swanky International Plaza mall. Federal authorities allege in court papers that Erwin arranged ecstasy and methadone sales at the bar.

Among Erwin's customers, authorities say, was Andrew Culver, 25, a father of two who worked recruiting accountants. Culver died in November.

An autopsy concluded Culver died of intoxication from the combined effects of cocaine and methadone, said Dick Bailey, operations manager for the Hillsborough County Medical Examiner's Office.

Erwin was fired from the bar in October 2005 for missing shifts, manager Heberto Sanchez said after Erwin's arrest.

Erwin was arrested in December and indicted in January on three federal drug distribution charges unrelated to Culver's death.

On Thursday, a federal grand jury handed up a five-count superseding indictment, which adds a conspiracy count, as well as a charge that he sold the drugs to Culver, leading to his death.

"The new charges are nonsense, and they are not supported by any credible medical evidence," said Erwin's public defender, Maria Guzman, on Friday. She didn't want to elaborate.

Under the 1986 federal law, a drug supplier can be charged with the death of someone who overdoses. The maximum punishment is life in prison. That law was enacted after the death of Boston Celtics draft pick Len Bias.

Steve Cole, spokesman for the U.S. attorney's office, said charges are brought under the law about once a year in the Middle District of Florida, a district that stretches from Georgia to south of Naples. The district encompasses 35 Florida counties.

"While we'd like to do more [prosecutions under the law], they are oftentimes difficult because it involves a lot of medical science," Cole said.

Culver's widow, Christina, welcomed the indictment. "I do agree with the law," she said, "and I do believe that when anyone deals drugs, they are responsible for the person they deal the drugs to if anything should happen to them."

She noted that federal authorities say that after her husband died, Erwin continued to sell drugs. "He didn't show much remorse over the whole situation," she said. "He should definitely do time."

She said her husband was "a really good person" who was devoted to their children. Regarding the drug use, she said, "he had his own issues. He had a lot of stress going on in his life. Just like any other person."

She said that before he died, she had kicked him out of their home when she found drugs in the house. She said her husband told her they were Erwin's drugs, and she never had any proof that he was using drugs.

She said her husband "was not a user of" methadone. "He didn't know what he was doing. It ended up turning out to be a tragedy.

"I just got a bad vibe when he met Brandon," she said. "He was hanging around with the wrong people. I didn't have any proof of what was going on."

Reporter Elaine Silvestrini can be reached at (813) 259-7837 or esilvestrini@tampatrib.com.

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