The indictment said Kay told federal agents he provided oxycodone pills to Skaggs, and said he had an ongoing arrangement to serve as the go-between for Skaggs’s drug needs. Kay is charged with distributing a controlled substance that resulted in Skaggs’s death and for possessing with the intent to distribute the opioid fentanyl.
Skaggs died at age 27 on July 1 in a Texas hotel room from choking on his own vomit. The autopsy said he had oxycodone, ethanol, and fentanyl in his system. Kay claimed he saw Skaggs snort oxycodone in his hotel room the night he died, but did not believe the snorted drugs were the same he provided.
Prosecutors said in August they planned to charge Kay with drug distribution, but did not indicate he would be charged in Skaggs’s death.
Kay’s attorney, Michael Molfetta, has not yet issued a statement.