A Bowling Green man under indictment in connection with the overdose deaths of two people is facing an additional criminal charge.
A Warren County grand jury returned a superseding indictment against Tracy Boyd, 53, charging him with engaging in organized crime.
The indictment accuses Boyd of conspiring with others from May 6, 2019, to Nov. 22, 2019, to engage in a criminal syndicate to sell heroin.
Boyd is already charged with two counts of second-degree manslaughter, with prosecutors seeking to hold him responsible for the deaths of Joshua Kinkade and Matthew Dobring.
Kinkade, 32, was found dead Nov. 22, 2019, at a residence on Parkhurst Drive. Dobring, 38, died two days later in Louisville.
According to court records, autopsies for both men showed the presence of fentanyl, methamphetamine and other substances in their systems.
Boyd is also charged in the indictment with first-degree trafficking in a controlled substance (heroin/fentanyl), first-degree trafficking in a controlled substance (less than two grams, meth), first-degree trafficking in a controlled substance (less than four grams, cocaine) and first-degree persistent felony offender.
Boyd is set to appear Monday in Warren Circuit Court to be arraigned on the new charge, with a jury trial scheduled May 11.
Boyd’s attorney, Alan Simpson, has maintained his client’s innocence, pointing out in prior court hearings that there is no evidence of undercover drug buys or phone calls directly tying Boyd to the overdoses.
“(The indictment) was something we had expected because (the prosecution’s) case against Mr. Boyd is so weak that they are now, in my opinion, grasping for straws,” Simpson said Friday.
Three people have been charged in connection with the fatal overdoses.
Stephanie Silvano, 43, has pleaded guilty to a count of reckless homicide and three counts of first-degree possession of a controlled substance.
Silvano admitted to her involvement in the transfer to Kinkade of the drugs that caused his overdose and to having heroin in her possession on three separate occasions.
Prosecutors are recommending an eight-year sentence for Silvano, and her plea agreement would require her to give truthful testimony against Boyd.
Silvano is set to be sentenced May 17.
Scott Bernauer, 49, has pleaded guilty to a count of reckless homicide and a count of first-degree possession of a controlled substance, accepting a plea deal recommending a six-year sentence.
Bernauer is accused in court records of functioning as a runner for drugs between Boyd and Silvano, and he is set to be sentenced June 8.
Charges against Silvano and Bernauer in connection with Dobring’s death would be dismissed under their plea agreements.
Prior court testimony gives an indication of how police came to suspect Boyd in the overdoses.
In an October evidentiary hearing in Warren Circuit Court, Detective Matt Travis of Kentucky State Police Drug Enforcement/Special Investigations West Branch testified that he learned while investigating Kinkade’s death that Silvano may have supplied the heroin that contributed to the overdose.
After Silvano was arrested Nov. 22, 2019, during a drug transaction set up by police involving a cooperating witness, she reportedly swallowed a package containing some type of illegal drugs and was taken to a local hospital, where she was interviewed by another detective.
Travis said last year in court that Silvano identified her supplier as a man she knew as “C” or “Tracy” who sold drugs out of an apartment on Old Morgantown Road.
Detectives were also given a description of a vehicle Silvano claimed that “C” drove, and after surveilling the apartment and following the vehicle, arrested Boyd, the driver, on an outstanding warrant, Travis said.
Last week, Warren Circuit Judge Steve Wilson denied a motion from Boyd’s attorney, Alan Simpson, to suppress evidence obtained from Boyd’s cellphone at the time of his arrest.
Simpson had argued that police lacked reasonable suspicion to stop Boyd and did not have legal justification to seize his phone, questioning the reliability of Silvano’s statements to police.
Warren County Assistant Commonwealth’s Attorney Adam Turner said during a hearing on the motion in February that Boyd was the subject of the investigation into Kinkade’s death and police were able to corroborate Silvano’s statements implicating Boyd by the time of his arrest.