Palm Coast resident Joseph Bourke Jr. has been indicted for first degree murder by unlawful distribution of a controlled substance, the Flagler County Sheriff’s Office announced on Wednesday. 38-year-old Bourke is accused of selling fentanyl to a man who fatally overdosed in February.
The overdose death occurred on February 27th, in an apartment at The Palms at Town Center. Flagler County Fire Rescue responded to find 42-year-old Brian Seaverns unresponsive and not breathing. He was pronounced dead at the scene. The investigation into Seaverns’ overdose was taken up by the FCSO’s Major Case Unit.
First to be interviewed was the person who called 911 about Seaverns: a family member who reportedly discovered him after they woke up from a nap. They told detectives that, earlier that day, they’d seen him injecting what they believed was fentanyl. Detectives searched the apartment and found needles, smoking pipes, and a bottle cap which appeared to have a white, powdery substance. This was tested and confirmed to be fentanyl by the Florida Department of Law Enforcement.
Detectives determined that Seaverns had purchased the fentanyl just one day prior to his death. The sale reportedly went down at a motel in Daytona Beach, where he’s said to have bought it from Bourke. At this point, the FCSO contacted the Volusia Bureau of Investigation to loop them in on their findings. A search warrant was obtained for the motel room in question.
Upon searching the room, detectives found fentanyl, methamphetamine, and drug paraphernalia. The FCSO also said that Bourke’s own cell phone was found in the room. Four arrests were made by the Volusia Sheriff’s Office. Bourke was booked into the Volusia County Branch Jail, charged with possession of a controlled substance, methamphetamine, and drug paraphernalia, as well as distribution of drugs.
Further investigation of Seaverns’ fatal overdose was undertaken with assistance from the FCSO’s Community Policing Division, Special Investigations Unit, Crime Scene Investigations Unit, Digital Forensics Unit, and Real Time Crime Center. Video surveillance footage at the motel appeared to provide further evidence that Bourke had sold Seaverns fentanyl, the FCSO says. The case escalated on May 13th, when the medical examiner ruled that Seaverns had died from fentanyl toxicity.
On November 7th Bourke was indicted for first degree murder via the unlawful distribution of a controlled substance. He has a lengthy arrest history in Flagler County prior to this latest, most grave charge. Other criminal charges against Bourke include DUI with property damage, robbery, aggravated assault, as well as meth and cocaine possession among several others. He’s being held at the county jail without bond as of Saturday.
“When a poison peddler kills someone by selling them a fatal dose, they are committing murder under Florida law,” said Flagler Sheriff Rick Staly. “These are difficult cases, but we are committed to holding poison peddlers accountable and making sure they face justice for ending someone’s life. I thank everyone on our team, as well as our partners at the Volusia Bureau of Investigation and the State Attorney’s Office for their efforts in this lengthy but successful investigation. This dirtbag needs to go to prison for a very long time.”
