Tuolumne County District Attorney Cassandra Jenecke announced that on August 4, 2025, Samuel Westphal, a 35 year old resident of Modesto, was sentenced to 7 years in State Prison. The sentence comes after Mr. Westphal pled guilty to Possession of a Controlled Substance for Sale and admitting an enhancement pursuant to Health and Safety Code section 11370.4(c).
Health and Safety Code section 11370.4(c) was recently amended effective December 18, 2024. The amendment increases penalties for weight enhancements specifically related to fentanyl. Further, traditionally, those convicted of Possession of a Controlled Substance for Sale are only eligible for local prison terms that are served in our county jails. With the new amendment, the weight enhancement converts that sentence to state prison.
On May 5, 2025, Tuolumne County Sheriff's deputies responded to Chicken Ranch Casino when security staff located 23 unknown pills on the premises. Deputies recognized the pills as counterfeit oxycodone that are laced with fentanyl. Surveillance footage was reviewed and Mr. Westphal was identified as the individual who had been placing the pills in communal areas of the casino and then walking away. Mr. Westphal was contacted in his hotel room where a subsequent search of the hotel room and the vehicle associated with Mr. Westphal revealed 902 grams of what the Department of Justice determined were pills containing fentanyl. A search of the cell phones located in Mr. Westphal's possession revealed text messages coordinating a meeting to exchange drugs.
As a part of their plea, Mr. Westphal signed and acknowledged the following Fentanyl Advisement: “You are hereby advised, illegally selling or furnishing controlled substances carries with it the specific risk that you are providing drugs laced with a potentially lethal substance and are hereby advised that if you personally provide or aid someone else with providing these drugs to a person, a a person dies as a result of ingesting a fentanyl-laced product, you can be charged with manslaughter or murder.”
This case was prosecuted by Assistant District Attorney Stephanie Novelli. If you have any information regarding drug sales in our community, please contact the TNT tip line at (209) 533-5884.
