United States Drug Enforcement Administration

INDIANAPOLIS – Michael J. Gannon, Assistant Special Agent in Charge of U.S. Drug Enforcement Administration-Indianapolis, and Marion County Prosecutor Ryan Mears announced that Hunter McSwain has been charged for his role in the fatal overdose death of Nathan May. McSwain has been charged with Dealing a Controlled Substance Resulting in Death (Level 1 Felony).

The charges in this case are a result of a joint investigation by the DEA, the Indianapolis Metropolitan Police Department, the U.S. District Attorney’s Office of Southern Indiana, the Marion County Coroner’s Office, and the Marion County Prosecutor’s Office.

“Fentanyl is ravaging our community. It is not only important that we provide resources and support to those affected by substance use issues but that we hold individuals accountable for dealing this deadly drug,” Prosecutor Mears said.

In July 2020, May was located deceased inside of a vehicle in the 4100 block of Kildeer Drive. IMPD identified McSwain as a suspect and conducted an extensive investigation into the circumstances surrounding the victim’s death.

“Drug traffickers who are knowingly dealing poisonous and lethal fentanyl must be held accountable for their actions, especially when someone tragically dies as a result. Today serves as a warning to all drug dealers that DEA remains committed to working hand in hand with our state, local and federal partners in order to keep our communities safe," said DEA ASAC Gannon. "DEA commends the outstanding work by the Marion County Prosecutor’s Office, the Indianapolis Metropolitan Police Department, the Brown County Sheriff’s Department, Indiana State Police, and the United States Attorney’s Office, Southern District of Indiana."

As alleged in the probable cause affidavit, in February 2022, members of the DEA Indianapolis District Office began to extract historical forensic data from the victim’s cell phone, McSwain’s cell phone, and the cell phone of a known witness. Examination of that data revealed McSwain communicated with others about his role in May’s death.

“The opioid crisis has resulted in the widespread distribution of fentanyl that has resulted in a tragic trail of anguish and despair from the unnecessary deaths of hundreds across Marion County and beyond,” said Kendale Adams, Deputy Chief of IMPD’s Criminal Investigations Division. “This case highlights two important lessons, with the first being that many street drugs are contaminated with an extremely powerful opioid that can often lead to death. The second is that narcotic dealers face consequences by federal, state and local judicial systems when the distribution of their products result in fatal overdose deaths.”