ADA, Oklahoma -- An Ada pharmacy tech accused of murder is scheduled to go before a judge Thursday.
The tech is in jail for selling prescription drugs to a man who investigators believe overdosed and died.
According to court papers, investigators believe the tech illegally sold the prescription drugs that the man overdosed on.
According to Oklahoma law, that means he could be charged with felony murder. Zebakiah Nemecek now sits in the Pontotoc County Jail.
The arrest affidavit says Nemecek was working as a pharmacy tech at the Ada Walmart last week.
Kase Harris and another friend went to the Walmart where the friend says he saw Harris give Nemecek "at least $100 and in a return received two bottles of liquid and two bottles of pills." "Harris called the liquid 'Lean' and told him the pills were Lortab and Xanax.
After a night of partying, Harris's friends woke up the next morning to find him unresponsive with foam around his mouth: an indication of an overdose.
"Drug overdoses in this district are a huge problem," said Assistant Pontotoc County District Attorney Jim Tillison. "In the 11 months of this year, we've had 19 drug overdose cases, which is the leading cause of death outside natural causes."
No charges have been filed yet. Tillison says they are still waiting for an autopsy report and additional information from police. But if the facts back up that Harris died as a result of illegal activity, they will not hesitate to file murder charges.
"We take it very seriously," said Tillison. "When people start dying from use of controlled substances which are illegally distributed it becomes a concern."
Nemecek is scheduled to be in court tomorrow on a bond hearing. He is currently being held without bond. He wants that reduced to $25,000.