Photo of DA Kenneth Cusick, at a Galveston press conference in February; KGTX 7

GALVESTON — Galveston County District Attorney Kenneth Cusick is speaking out after a judge sentenced a defendant in a fentanyl-related death case to deferred adjudication, calling the punishment insufficient and not reflective of how such cases will be prosecuted moving forward.

During Thursday’s press conference, Cusick addressed the case of Kamron Zaheri, who he said delivered heroin laced with fentanyl the day before Thanksgiving 2023. The substance was purchased and used by Wade Potter, resulting in that person’s death.

Cusick said Zaheri initially appeared for a bench trial but ultimately pleaded guilty and allowed the court to determine sentencing. On March 13, the defendant was sentenced to 10 years deferred adjudication and is expected to serve up to six months.

“I’m here to tell you that that is not the treatment that murders due to the selling and peddling of fentanyl in this county or any other drugs is going to get,” Cusick said. “I’m not happy with the result.”

According to Cusick, the final plea offer extended by prosecutors was 25 years in prison. He said a prison sentence was appropriate and would have been pursued during sentencing, but the judge ultimately decided on deferred adjudication.

Cusick emphasized that his office will continue to pursue strict prosecution of drug-related cases, particularly those involving fentanyl or other substances that can result in death.

“Minimal sentences for drug peddlers in this county is not going to be tolerated,” he said. “Much less peddling substances that are known and will kill somebody readily, such as fentanyl.”

He added that even in cases not involving fentanyl, substances like heroin or cocaine can be deadly, particularly if they are tainted or lead to overdose.

“These are not pharmaceuticals that are bought down at CVS or Walgreens,” Cusick said. “These are drugs, especially the fentanyl, that’s produced in China and Mexico and is smuggled into the United States.”

Cusick also pushed back on the idea that defendants can avoid responsibility by claiming they were unaware of what substances they were selling.

“Just because somebody sells this stuff and claims they don’t know what they sold the person… you’re going to get the fullest measure of law enforcement that I can bring to you,” he said.

While stressing that his office does not control sentencing decisions, Cusick said prosecutors will continue working with law enforcement agencies to investigate, charge, and prosecute drug cases to the fullest extent possible.

“I don’t get to sentence the persons, but I get to do everything up to that point,” he said. “And I want to bring pressure to bear to try to get as strong a sentence as we can to deter this activity.”

Cusick said the press conference was held in part to address repeated media inquiries about the case and to clarify that the sentence was determined by the court, not the District Attorney’s Office.

“We prosecuted him, got the conviction,” Cusick said. “It was the court that sentenced him.”

Brandi McKnight, ex-girlfriend to the victim Wade Potter, said she’s asking for Cusick to reach out to her, as she feels an appeal is warranted.