Skaggs, who, multiple witnesses testified, had an addiction to Percocet earlier in his career, was said to have sent several of his teammates to Kay over the years so Kay could acquire drugs for them. Prosecutors said Skaggs’s death came as a result of pills provided to him by Kay that looked like oxycodone but were actually fentanyl, a more powerful opioid. A medical examiner and several toxicologists testified that it was the fentanyl in Skaggs’s system that led to his death.
While Kay’s lawyers stipulated their client’s addiction to opioids, and admitted he had previously lied about whether he had seen Skaggs on the night he died, their defense focused on the inability to know for certain if drugs provided by Kay led to Skaggs’s death, as well as the chain of custody of Skaggs’s phone. They believed that messages on Skaggs’s phone were deleted by members of Skaggs’s family before the phone could be inspected by authorities and that those messages could potentially have incriminated someone else.
“This case was reverse engineered,” said Michael Molfetta, a lawyer for Kay. “They said, ‘Eric is the guy, and we’re going to get him.’”
Kay chose not to testify.
The closing arguments on Thursday concluded with both sides acknowledging the tragedy of Skaggs’s death, while disagreeing on the responsibility for it. Federal prosecutors said the case was about “one person,” meaning Kay, and that it was Kay’s actions that caused Skaggs’s death. Kay’s lawyers contended that Skaggs obtained drugs from other sources and that while he did not deserve to die, he was solely responsible for his own death.
Marina Trahan Martinez reported from Fort Worth, and Benjamin Hoffman from Connecticut.