A federal grand jury on Thursday, Oct. 15, 2020, has indicted Eric Prescott Kay, a former Los Angeles Angels employee in the death of Angels pitcher Tyler Skaggs from the drugs Kay is accused of providing. Kay is charged with distributing a managed substance that resulted in Skaggs's demise and for possessing with the intent to distribute the opioid fentanyl.
Kay was the Angels' director of communications, and he served as their public relations contact on many road trips.
Skaggs, 27, was found dead in his hotel room at the Southlake Town Square Hilton on July 1, 2019.
Skaggs died by choking on vomit after using drugs and alcohol, with toxicology results incidicating he had been taking the strong painkillers oxymorphone and fentanyl alongside alcohol.
The indictment said Kay, in June 2019, "did knowingly and intentionally distribute a mixture and substance containing a detectable amount of fentanyl, a Schedule II controlled substance, and the use of said substance resulted in the death and serious bodily injury" of Skaggs.
The indictment also stated Kay possessed and meant to distribute fentanyl "beginning in or before 2017", according to ESPN.
Asked who had made that determination and when, a spokesperson for the U.S. Attorney's Office said in August she could not comment.
Prosecutors said in August they planned to charge Kay with drug distribution, but did not indicate he would be charged in Skaggs's death.
"It should prove to his many, many fans that no-one is immune from the deadly, addictive nature of these drugs, whether sold as a powder or hidden inside an innocuous-looking tablet".
"During the course of the investigation, I learned that (Skaggs) and Kay had a history of narcotic transactions, including several exchanges wherein Kay acquired oxycodone pills for (Skaggs) and others from Kay's source (s) in the days leading up to and surrounding (Skaggs') overdose death", Lindenberg wrote in the affidavit.
In statement on Friday night, Michael Molfetta, Kay's attorney, said his client has been "cooperative" with two separate offices of the U.S. Attorney and "forthright". Kay told agents that one line of the crushed pills was not a substance he recognized.