Prosecution must prove that Tyler Skaggs would have been alive if he had not ingested the fentanyl distributed by Eric Kay, demanded Kay’s attorneys in their latest 75-page appeal. More than seven years after the Angels pitcher’s death, former Angels communications director’s attorneys have appealed his federal prison sentence. Kay was convicted of supplying the drugs that led to Skaggs’ fatal overdose in 2019. However, in February, the trial judge, Terry R. Means, allowed Kay to conduct further investigation into the evidence that helped his conviction. Now, Kay is attempting to overturn his conviction entirely.
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Sam Blum of The Athletic first reported that Kay’s attorneys submitted a 75-page appeal on Friday, October 30. Kay is currently serving a 22-year federal prison sentence. He was convicted of distributing “a controlled substance resulting in death and conspiracy to possess with intent to distribute controlled substances.”
According to the report, Kay’s legal team has challenged the original trial, claiming it was ineffective as his attorneys failed to challenge the government’s toxicology report and its testimony.
Since the toxicology report showed the pitcher had alcohol, oxycodone, and fentanyl in his system, Kay’s attorneys questioned whether the prosecutors had established that Skaggs would have survived if not for fentanyl.
Moreover, Blum’s report reveals that Kay has also challenged then-Southlake Police Department detective Delaney Green testimony. Green had stated that she extracted Skaggs’ phone. But according to the defendants, detective Richard Weber actually carried out the procedure.
The government has until December 31, 2026, to respond to the latest filing. Until the court rules on the matter, Kay’s conviction and 22-year sentence remain in place.
Background of the Tyler Skaggs Case
A 27-year-old Tyler Skaggs was found dead in his hotel room in Southlake, Texas, on July 1, 2019. The Angels were in Texas ahead of a four-game series against the Texas Rangers. Skaggs reportedly died from asphyxia as he choked on his vomit, with alcohol, oxycodone, and fentanyl in his system.
The investigation eventually uncovered Kay’s involvement in the case. The prosecutors established that a former Angels employee supplied Skaggs with the controlled substance.
During the criminal trial, five MLB players testified that they had received oxycodone from Kay between 2017 and 2019. Their testimony provided evidence of his drug-distribution activities within the organization.
In February 2022, a federal jury found Kay guilty of conspiracy to possess with intent to distribute oxycodone and fentanyl, as well as distribution of fentanyl resulting in death and serious bodily injury. He was sentenced to 22 years in federal prison in October that year.
Kay’s legal team subsequently challenged the verdict. He argued that the prosecution had not presented sufficient evidence to establish his guilt and that Texas was not the appropriate venue for the trial.
But the U.S. Court of Appeals for the Fifth Circuit rejected those arguments in November 2023 and upheld his convictions. The court cited evidence showing that Kay obtained the pills from a supplier in California before giving them to Skaggs in Texas. It also noted that two doctors had testified that fentanyl was the but-for cause of the death.
Meanwhile, Skaggs’ widow, Carli, and his parents pursued a separate wrongful-death lawsuit against the Angels. They alleged that the organization knew or should have known about Kay’s drug-related activities and failed to take appropriate action to protect its players.
The case went to trial in California in 2025. On December 19 that year, the Angels and Skaggs’ family reached a confidential settlement after three months of proceedings. The agreement brought the civil lawsuit to an end but did not alter Kay’s criminal conviction.
Kay’s latest filing therefore represents an attempt to challenge the criminal judgment that has kept him in federal prison. The court’s eventual decision on his latest arguments will determine whether the case proceeds to another stage of litigation or his existing conviction and sentence remain intact.