The man charged with second degree murder for selling the fentanyl that killed another man was
sentenced to 25 years in prison with the possibility of parole after 10 years.
Third Judicial District Court Judge Leon Aberasturi handed down the sentence against Joseph
Rose Tyler Maciel after hearing victim impact statements from four members of the victim’s
family and three character witnesses for Maciel.
Aberasturi had denied Maciel’s motion to withdraw his guilty plea on Oct. 7.
Maciel was arrested April 24, 2024 on charges of distributing a controlled substance that causes
death and fentanyl possession. On December 11, 2023, Lyon County Sheriff’s deputies were
called to a home in the 3700 block of Citrus Street in Silver Springs for a reported overdose. The
victim, Michael Fernandez of Silver Springs, ultimately died.
Tony Fernandez, Michael Fernandez’s father, asked the judge to impose the maximum sentence
for Maciel. He said Michael Fernandez left behind seven siblings from a blended family.
“We have endured unimaginable grief from losing a child, a sibling, and an uncle, and a long-
term emotional trauma for all seven siblings, especially Tony Jr.,” Fernandez said. “We will
never get to hear the laughter of his children, seeing him grow old, or witness the life he was
meant to live. These moments were taken from him, and from us.”
Fernandez said that justice was also about protecting others, including Maciel’s own children.
“The man who did this should not have a chance to do it again to destroy another life, another
family, another future,” Fernandez said. “He’s a danger to the community and we plead with the
court to take necessary actions to ensure that he can never harm someone else the way he harmed
us.”
Tony Fernandez, Jr., Michael Fernandez’s brother, described his grandmother waking him up at 5
a.m. saying something was wrong with Michael. He described finding Michael slumped over on
his side, not breathing, and said he slapped him in the face asking him to wake up until the
ambulance arrived.
“Right then and there, it felt like my entire world shattered,” Fernandez Jr. said. “He was 22
years old when he died. Now I get to tell my brother happy birthday to the urn on my shelf.”
Robin Calderon, Michael Fernandez’s aunt, said Fernandez was just weeks away from entering
rehab. Calderon said she believes fentanyl dealers are murders because they know its lethal
potency and, addressing Maciel, told him that his actions cast a long shadow over his own life.
“Your children now face a childhood without their father, and your wife is left to navigate
alone,” Calderon said. “Your parents bear the burden of your legal troubles and countless other
family members who once supported you are now grappling with the consequences.”
Fernandez’s grandmother, Kathy Madden-Bentle, said he was living with her at the time of his
death. She said Fernandez referred to Maciel as “my friend Tyler.”
“You are not Mike’s friend,” Madden-Bentle said. “You were someone who saw Mike as an
addict and nothing more. Mike was an addict, but he was also in recovery, and you facilitated his
death.”
Shelby Schultz described herself as a friend of Maciel’s since childhood.
“He’s not a bad person,” she said. “I’m sorry for your loss, but I don’t think it’s his fault.”
Matt Schultz said he he’s known Maciel since their freshman year of high school.
“He’s always been my friend and throughout the years, he’s never once done me wrong,” he said.
“Tyler is not the kid of guy that you guys are portraying him to be, He’s not some kind of drug
dealer.
Maciel’s father Joseph Maciel, said it was Fernandez who introduced Tyler Maciel to fentanyl.
“My son wouldn’t even be in this position if it wasn’t over Michael, that’s how I feel,” Joseph
Maciel said. “Judge, just please have mercy on my son’s soul.”
Deputy District Attorney Sean Neahusan said that Maciel told Fernandez in a text message that
he knew it was strong fentanyl.
“He knew who Michael was. He knew where Michael’s head was,” Neahusan said. “And when
he made the choice to provide that strong dose of fentanyl to Michael, he understood the possible
results.”
Neahusan advocated for a sentence of life in prison with a minimum of 10 years toward parole.
Maciel’s attorney Christopher Day asked the court to consider the definite term of 25 years, with
the possibility of parole after 10 years.
“That’s not by any means a slap on the wrist, that’s radically changing the course of his life as a
result of what happened here,” Day said.
Day also said that Maciel would have more access to programming in prison if he has a definite
term of years rather than a life sentence.
In issuing his sentence, Aberasturi cited the record that Maciel did not have an extensive criminal
history. His record shows one felony conviction for drugs in 2017. In that case, he received an
honorable discharge for parole. He also gave Maciel 17 days credit for time served in jail in this
case.
After issuing the sentence, Aberasturi said he wished he could do more to help with the trauma
for both families, but he said a lot of people don’t understand the impact of drugs.
“If you’re going to continue to tell him it was unfortunate and so forth, you’re not doing him any
help to yourselves and you’re certainly not doing any help to your community,” Aberasturi said.
“When I sit there and I hear he’s a nice guy who just happened to be selling drugs, there’s some
serious flaws in that type of thinking.
“My thoughts and prayers are with everyone, and I hope that some good can possibly come from
this point on, but that’s going to be up to you,” Aberasturi added.
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