AUSTIN (KXAN) — Luis Guajardo will face a judge Thursday related to the May 2022 death of 38-year-old John Salem. He’s charged with manufacturing and/or delivering a controlled substance that caused death or serious bodily injury.
According to Guajardo’s affidavit, he sold counterfeit Percocet pills to Salem, and the investigation revealed the pills contained fentanyl.
In May, Guajardo pled guilty, but the plea was not part of a plea deal. Instead, he opted to forego the guilt and innocence portion of the trial and instead move forward with the punishment phase. Judge Dayna Blazey will listen to testimony and then determine his sentence.
KXAN will update this story as court proceedings continue.
More about John Salem
“John was the funniest, friendliest person you could ever imagine, the kindest, big-hearted,” Salem’s mother, Libby Pender, said. “He didn’t care what walk of life you were in. He was your friend.”
She added that Salem was a college graduate working as a business development manager. Pender and her son, Stewart Mann, Salem’s older brother, found Salem dead at his home in New Braunfels in 2022.
“I don’t think anyone should have to find their brother dead, much less at the hands of someone else,” said Stewart Mann, Salem’s older brother.
The family has attended court hearings for almost three years, hoping to see the case move forward.
Harsher penalties for fentanyl dealers, manufacturers
In 2023, Gov. Greg Abbott signed a bill that allowed prosecutors to seek murder charges for fentanyl dealers or manufacturers when a recipient dies as a result of the drug.
The law went into effect Sept. 1, 2023. For context, Guajardo’s case happened before the law went into effect, Habbit’s happened after.
The law states a suspect must know they’re dealing fentanyl for murder charges to be possible.
According to Guajardo’s arrest affidavit, Guajardo specifically told Salem the pills he sold him did not contain fentanyl.