INDIANAPOLIS — An Indianapolis man is in jail accused of dealing drugs that resulted in a fatal overdose last November.

The criminal charges in Marion County were filed exactly one year after the victim, Brennan Krug, passed away.

According to court records, police and DEA investigators used text messages between the victim and suspect to help solve the case.

Krug allegedly texted the suspect, 20-year-old Hugo Saak, in October 2022 and asked, “What u got again, I’m cashing my check this weekend.”

Prosecutors claim Saak responded, “Jus percs in rn.”

According to court records, that conversation led to the sale of counterfeit oxy pills to Krug.

In early November, Krug allegedly texted Saak that he snorted two of the pills.

The victim then wrote in a series of texts, “This hit instantly… You know how to like calm your stomach from these?”

Saak allegedly responded, “Yo stomach hurt?”

Less than 24 hours after those texts, Krug went to Community North Hospital where he died a few days later.

Saak is now charged with dealing a controlled substance resulting in death.

“When it comes to drugs, it can affect any family. It can affect anybody,” said DEA Assistant Special Agent in Charge, Mike Gannon.

Gannon says on average seven out of 10 counterfeit pills seized by the DEA contain a potentially fatal dose of fentanyl. That’s why the DEA reminds everyone that one pill can kill.

“People that are peddling this poison in our community like to tell people to be careful when taking the drugs.  How do you be careful when you’re taking a pill and you have no idea how much fentanyl is in it?” said Gannon.

Since the law allowing drug dealers to be prosecuted for deaths went into effect in 2018, the Marion County prosecutor’s office has filed less than a dozen such cases.

The case against Saak is also unique because while doctors at Community North treated the victim for a fentanyl overdose, they screened for opiates but didn’t specifically screen for opioids. That meant the toxicology report didn’t reveal fentanyl as the cause of death.

“An investigation like this is so important because I’m not aware of any other case in Indiana that has been charged with overdose resulting [in] death without a positive toxicology screen,” said Gannon.

Because just a tiny amount of fentanyl, enough to fit on the tip of a pencil, can be deadly, last year there were 641 fatal fentanyl and opioid-related overdoses in Marion County.

The suspect is being held on a $100,000 cash bond and a $50,000 surety bond.

He’s due in court for an initial hearing later this week.