A Tarrant County grand jury on Wednesday indicted the 22-year-old Grapevine man accused of supplying the drugs that killed two Southlake Carroll High School students last January.
District Attorney's Office spokeswoman Melody McDonald said Cullen Marino was indicted on two counts of criminally negligent homicide and two counts of delivery of a controlled substance under a gram resulting in serious bodily injury or death. Each charge is a third degree felony and carries between two and 10 years in prison.
The grand jury also indicted Marino on a separate charge of possession of a controlled substance under one gram related to an incident on Feb. 16, 2013.
On Jan. 5, Southlake Carroll High School students Kyle McNutt and Chase Nunez were found dead in a home of the 700 block of Heatherwood Dr. By the time police arrived, they were foaming from the mouth. Both died in the home.
The medical examiner ruled that McNutt and Nunez died of a mixed drug toxicity. Each tested positive for heroin, codeine, alprazolam and diphenydramine. Alprazolam is the chemical term for the anti-anxiety drug Xanax while diphenydramine is an antihistamine present in Benadryl.
Grapevine police spokesman Sgt. Robert Eberling said Marino went to Dallas and bought the drugs. He came back to his father's home and ingested them with McNutt and Nunez, investigators said. Later in the evening, Marino found the two unresponsive in a lofted room on the second floor of the home. He is accused of moving them to a bedroom, where they were found dead.
“What a reasonable person would do is call 911,” Eberling told News 8’s Jonathan Betz at the time of the incident. “He chose to just simply move them to another bedroom.”
Early in the morning of Jan. 6, Marino's father, Robert, found the teens foaming at the mouth and called police.
"I might have two dead kids upstairs in my house," he told the 911 dispatcher. "They came over to visit my son last night then they passed out. He got up this morning and started banging on the door and said he couldn't move them."
Eberling said it was likely McNutt and Nunez would've lived had they received prompt medical attention.
Marino was charged with criminally negligent homicide and booked into the Tarrant County Jail. He remains there in lieu of $19,500 bond. His father has not been charged.
Police also found a spoon used to heat heroin in Marino's pocket at the time of his arrest. Sitting in plain view on a table not far from where the teens died was a clear plastic baggie containing drug residue.
The date for Marino's trial has not been set.