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COLUMBUS—A Polk County man has been charged with death by distribution after an incident that left one man dead last year. 

On October 7 2023, Austin Tylar Ball, 31 formerly of Columbus, was arrested for possession of fentanyl, among many other charges, after he was found with an unresponsive male behind the buildings on E. Mills St. in Columbus. Ball was later released on bond. 

The victim, who was identified as Nick Baker, 28 of Columbus, was transported to St. Luke’s Hospital and later to Mission Hospital where he passed away due to an overdose.

According to Columbus Police Chief Scott Hamby, enough evidence, including surveillance footage and lab results to confirm that the substance was indeed fentanyl, was available to charge Ball with death by distribution.

On August 6, Columbus Police Department charged Ball and initiated a warrant for his arrest. On August 18, Ball was arrested in Union County, S.C., as a fugitive from justice and was placed on hold for the Columbus Police Department. On August 23, Columbus Police Department arrested Ball and booked him into the Polk County Detention Center under a $100,000 secured bond.

In December of 2023, North Carolina General Statute 14-18.4 was signed into law, resulting in more severe penalties for offenders who distribute drugs that lead to a fatal overdose. Death by Distribution is a Class C felony that carries a maximum of 231 months in prison.