I’m doing 10 years in Virginia State Prison, for Involuntary Manslaughter, for the accidental overdose of my late girlfriend Nicole Shifflet. My story needs to be told, hopefully to help prevent another overdose, promote overdose awareness, to educate, and put a spotlight on Virginia’s Good Samaritan/ Overdose Protection Law (18.2-251.03).

On 8-11-2020, my girlfriend Nichole “Nikki” Shifflet wanted to come and stay with me for a couple days at my hotel in Williamsburg. Nikki and I are both addicts and have multiple mental health diagnosis as well. We met each other at an assisted living facility for people with mental health problems. The Monday of the 10th, Nikki starts to make plans to get a ride to me, I was on the chase to get my daily dose of heroin (dope, as I will refer to) with my dealer/friend. We go and get some dope, some crack, and some weed and we are headed back to my hotel. I met Nikki at a 7-11 and paid her friends some cash and weed for bringing her and waiting for me. We went back to my hotel, my dealer/Friend left and went to his room down the hall. We started using the drugs i bought, we had sex, then we went swimming in the pool for a few hours came back and showered together used more drugs then we went and got snacks, and then ordered dinner from the bar. We went back to our room and used some more, got in bed and hooked up again and then went to sleep. Around 12:30 am on 8-12-2020 my dealer/friend came knocking on my door and woke us up, he asked me if I had any dope left from what he sold me earlier, I told him I had a little bit left for the morning. He then said he could not re-up until later the next morning, that he had some more crack we could all smoke if I shared the dope with him and he would give it back once he got more later that day. He came in we all started smoking crack together, I gave him the rest of the dope. He poured some on the table and sniffed a couple lines, and Nikki asked if she could try some, I told her no way, baby you do not even use dope! I told her that this stuff was really strong and how all dope nowadays probably has fentanyl in it. We argued back and forth and the dealer/friend said a lil bit would not hurt anybody, so I gave up arguing and he scraped a little tiny bump and handed her a rolled up bill and she sniffed it, said “thank you baby, I love you” and gave me a kiss then hopped up on the bed next to the table we were all sitting at. She was smoking a cigarette and I prepared to inject ( i was the only IV addict) the rest of the dope while we were all talking and laughing. The next thing I know she was no longer holding my hand and she was not responding. I jumped straight up and started trying to wake her, I told my dealer/friend she was overdosing. I grabbed a Narcan nasal spray and administered it while I started calling 911. The dealer/friend freaked out and said he was not sticking around. He said that I had it under control and not to tell anyone he was there, and he ran away and hid. I was already giving CPR as he left and was telling 911 operator what happened. I never gave up, I never left her, I kept her alive until police and EMT took over, they told me to wait in hallway, I was devastated and could not stop crying and asking if she was going to be okay. I was told over and over again that I did everything right and everything I could, it was now in God’s hands. She never went without oxygen, and she had a breathing machine on her when they took her to the hospital.

The police asked me what happened and I told them she sniffed heroin and fell unconscious they started taking pictures and picking up all the drugs and paraphernalia that was in view( I never attempted to conceal anything, my only concern was for Nikki!!). Unfortunately, Nikki passed away 3 days later from ” Cardiac arrest, caused by acute combined cocaine and fentanyl overdoses, with chronic substance abuses contributing”. I was and still am trying to understand how she didn’t recover, why I was spared? She was an amazing beautiful young lady, a mom of a 6 year old son! Exactly one week has passed, now I am completely out of control and using so much trying to kill myself. I am arrested by Williamsburg Major Crimes Division, for possession of drugs and paraphernalia from the night of Nikki’s overdose. I tell them I will only talk with a lawyer present. I’m released on bond because my lawyer tells me the charges are bogus and can not stick because I 100% qualify for relief from Virginia’s Good Samaritan Law. I go to detox, trying to get help, and go to rehab. But this is the height of the pandemic and there is no bed space available.

I keep trying and trying relapsing hoping I would OD and join Nikki. Eventually, the charges were dropped, because I qualified for 18.2-251.03. I still could not deal with the loss or get the help I needed, so I ran away from everyone I knew and hid at a house in my hometown with no power until I was arrested on 2-16-2021 for probation violation. The same cops arrested me and wanted to know what happened the night of 8-12-2020. I waived my Miranda warning thinking I could tell them the truth because #1.) I was not a drug dealer, #2.) I did everything I could to save her, and #3 the Good Samaritan Law. I was so hig#h at time of my arrest, I was scared, vulnerable, and fell for the bullshit line the cops were telling me!

I originally said that Nikki had her own drugs, my only lie, but then I told them everything that happened every detail over and over again. They said they wanted to make sure there was no foul play that everybody knew what drugs we were using. They asked me who paid for the drugs, I told them I did over and over again. The interview ended when I realized (sobered up!!)

Tyler McMillen(#1502960)

Glouster, VA.

Lunenburg Correctional Center