Matt Capelouto’s daughter Alexandra was poisoned by a counterfeit pharmaceutical pill laced with fentanyl in December 2019, a tragedy that spurred his family to become advocates for ending the fentanyl crisis.
The Temecula, Calif., family is also asking voters to approve Proposition 36, a ballot measure up for consideration in November, which would increase penalties for repeat offenders of some drug and theft crimes and also includes the text of Alexandra’s Law—which would advise those convicted of dealing fentanyl that they could be charged with murder if they distribute the synthetic opioid and someone dies as a result.
“We are committed to pushing for laws like Alexandra’s Law, which will help deter drug dealers by warning them of the consequences of selling deadly substances,” Capelouto told The Epoch Times Sept. 24.
“Moving forward, we plan to continue advocating for stronger legislation, raising awareness about the dangers of fentanyl, and working with other families and lawmakers to address this crisis. We believe that only through accountability, education, and better laws can we start to curb the fentanyl epidemic and save lives.”
Opponents of Prop. 36, including California Gov. Gavin Newsom, have argued that the measure would lead to high rates of incarceration and cost the state millions of dollars.
Lawmakers repeatedly attempted to pass Alexandra’s Law in the Legislature, with Democratic and Republican representatives introducing proposals since 2020, but the bills were ultimately rejected by the Senate and Assembly public safety committees.
Alexandra Capelouto was a 20-year-old student attending Arizona State University and majoring in sociology when she unknowingly consumed half of a fake Percocet pill that contained a lethal dose of fentanyl.
She purchased the pill—which was delivered to her home in a package of 11—on Snapchat, from an account that was later determined to be controlled by Brandon Michael McDowell, now 25, of Riverside County.
McDowell was arrested by federal authorities, and he pleaded guilty in July 2022 to selling the fentanyl that resulted in the young woman’s death.
He faced a potential prison term of up to 20 years and was sentenced to nine.
The Capelouto family also filed a civil lawsuit in late 2021 against McDowell seeking damages allowed under the state’s Drug Dealer Liability Act—passed by the Legislature in 2009.
McDowell filed for bankruptcy in December 2022—in what Capelouto and his attorney said was an attempt to avoid the judgment.
In the civil suit, the family requested slightly more than $5 million—including $4 million in general damages, $1 million in punitive damages, $25,000 in funeral costs, and $735 in legal expenses.
The court found in the Capeloutos’s favor in December 2023, citing McDowell’s “intentional ... willful and malicious” actions that resulted in death.
A federal bankruptcy court in California issued a ruling Sept. 18 declaring that McDowell is responsible for paying the judgment amount, with interest bringing the total to about $5.8 million.
“This judgment represents a significant step toward justice for our family and others impacted by fentanyl poisoning,” Capelouto said. “It sends a powerful message that those responsible for selling deadly drugs cannot simply escape financial accountability through bankruptcy.”
He said the ruling is significant because it sends a strong message to fentanyl dealers and offers hope for other families impacted by the deadly drug.
“For us, it’s not about the money, but about standing up for Alexandra and making sure that those who profit from poisoning others face real consequences,” Capelouto said. “I’m uncertain if we will ever receive any money from this judgment, but what’s most important is that we’ve helped set a precedent for others to do so in the future.”
He said that while he believed the nine-year sentence was too short, he called the civil judgment a “financial life sentence.”
Once McDowell is released from prison, the Capelouto family could seek wage garnishment and place liens on any property he acquires—either through purchase or inheritance.
McDowell was living at home with his parents when he sold the pills in 2019, according to charging documents. The home was listed for sale Aug. 2 and is still on the market, according to the online listing website Redfin.
As a spokesperson for fentanyl victims, Capelotuo said that while the matter is personal to him, his family advocates for all affected by fentanyl poisoning.
“Our goal is to ensure that those who knowingly sell these deadly drugs are held responsible under the law,” he said. “We hope that this judgment will inspire other families to pursue justice and encourage lawmakers to take more decisive actions against drug dealers.”
Baruch Cohen, the attorney who represented the Capelouto family during the bankruptcy litigation, said the ruling was just.
“The defendant’s deliberate actions not only stole Alexandra’s future but also robbed her parents of their beloved child,” Cohen said in his motion for judgment. “No monetary compensation can ever truly make up for this profound loss. While no legal remedy can fully mend the wounds from this tragic wrongful death, affirming the nondischargeability of this debt ... will send a powerful message that McDowell’s intentional cruelty will not go unpunished.”
He said the ruling—the first of its kind—will prevent other criminals from using bankruptcy protections to avoid fiscal responsibility.
“This has a lot of teeth in it. This is the shot that will be heard around the world,” Cohen told The Epoch Times Sept. 24. “To the extent drug dealers think they can get away with murder again: think twice. There is now precedent that they will be held civilly liable.”
