Why a man convicted after teen’s fentanyl-related death in 2022 wasn’t tried for murder

TRAVIS COUNTY, Texas (KXAN) — Two local parents issued a press release Tuesday to criticize a Travis County judge for how she sentenced a man, who they claim killed their 17-year-old son by supplying a fentanyl-tainted drug, to 10 years of probation.

“Judge [Karen] Sage’s ruling is profoundly unsettling and inconsistent with the proper application of the law, undermining our justice system,” the release claims.

KXAN reached out to Sage’s office for her comment on the case. We’ll update this story if a response is received.

Background of the case

The 17-year-old at the heart of the case was Spencer Wheeler, who died Sept. 7, 2022 from a fentanyl overdose, according to the family’s release.

Alexander Sonnier was arrested Sept. 14, 2022 for manufacturing/delivery of a controlled substance causing death.

A grand jury indictment changed that charge in December 2022 to delivery of a controlled substance to a minor, according to court records. The initial charge would have been a second-degree felony due to Sonnier’s prior convictions — the same severity as the amended charge.

“I could not be prouder of the team that worked on this case. The evidence was airtight. The prosecutors worked tirelessly and professionally over the last three long years,” said Hunter Wheeler, Spencer’s mother, in the release.

Sonnier was confined for three years leading up to his guilty plea on Sept. 9, 2025. On Sept. 23, 2025, he was sentenced to 10 years of deferred adjudication, also known as probation, according to court records.

In Texas, a judge can sentence a second-degree felony offender to up to 20 years in prison or up to 10 years of probation. Breaking probation triggers a prison sentence for the conviction of up to 20 years in this case.

“This ruling by Judge Karen Sage is not only a miscarriage of justice for Spencer and his family, but it also sends a dangerous message that repeat offenders contributing to deadly Fentanyl distribution may escape meaningful accountability,” the release states.

The release claims that Sage said in court that she was “taking a risk” because Sonnier “had messed up before.” It also claims that Sonnier has offended during previous probations.

“Judge Sage prioritized rescuing Sonnier over justice for Spencer. The community is now at risk with Sonnier out of jail, placing the burden on us as the victims to warn the community and make our story public,” said Lisa Wheeler, Spencer’s mother, in the release.

Why ‘fentanyl murder law’ wasn’t applied

The family cited Texas’ 2023 House Bill 6 in their release, which allows prosecutors to seek murder charges against suspects accused of supplying fentanyl that caused a death. They also listed several cases between 2023 and 2025 where defendants were sentenced to decades in prison for fentanyl-related murders.

“A conviction for Fentanyl murder is classified as a first-degree felony, which can result in a prison sentence ranging from 5 to 99 years or life,” the release states. “If the individual has prior felony convictions, like Sonnier, this should have led to enhanced sentencing under Texas law, however, Judge Sage defied all logic and rule of law in her sentencing.”

Overall, the release suggests that Sage should have sentenced Sonnier as though he was convicted of murder

“I am a firm believer in rehabilitation, but there should also be a stiff penalty for a prior felon who plead guilty to delivering Fentanyl causing death,” Hunter Wheeler said.

The family also called for state lawmakers and judicial oversight authorities “to examine the enforcement of [HB6] and to ensure that judges adhere to sentencing standards that reflect the
gravity of these crimes in the State of Texas.”

However, Sonnier wasn’t convicted of murder, nor was he charged with it in this case.

The reason why that didn’t happen is explicit in the U.S. Constitution. Article I, Section 9 states that no “ex post facto” (to apply retroactively) law shall be passed. Sonnier, who was arrested and charged in 2022, could not be charged under a criminal statute that hadn’t been created yet.

Nor would the language of HB6 allow for Sonnier to be charged with murder:

“The change in law made by this Act … applies only to a death that occurs on or after the effective date of this Act, or a death that occurs before that date but is discovered on or after the effective date of this Act,” it reads.

KXAN has asked the firm representing the Wheelers several questions about the press release, and specifically about what Sage should have done in this case. Those have not yet been answered.