UPDATED: New Details Confirm Woman Charged in Fatal Fentanyl Overdose Had Been Working as a Local EMT
Published: December 6, 2024 | Last Updated: February 9, 2026 at 8:25am
Story Update: Empey Sentenced in Dakota County Drug-Related Murder Case
A Dakota County judge has sentenced Mikayla Ann Empey, 24, following her conviction for third-degree murder related to the sale or distribution of a controlled substance that resulted in a death.
Court records show Empey formally entered a guilty plea on September 15, 2025, to one count of Murder in the Third Degree under Minnesota Statute 609.195(b), related to the sale, distribution, or furnishing of a Schedule I or II controlled substance that resulted in a death. The offense occurred on or about January 27, 2022, in Dakota County.
In her Petition to Enter Plea of Guilty, Empey acknowledged that she understood the charge against her, the potential penalties, including a maximum possible sentence of up to 25 years in prison, and the constitutional rights she was waiving by pleading guilty, including the right to a jury trial and to confront witnesses. The plea was entered as a “straight plea,” meaning there was no negotiated agreement with prosecutors for a specific sentence. Court documents indicate that no promises or threats were made to induce the plea, and Empey explicitly stated she was not claiming innocence and was accepting responsibility for the offense.
Empey was represented by attorney Patrick Cotter and affirmed that she had sufficient time to discuss the case and possible defenses with counsel. She also acknowledged that the prosecution possessed physical evidence, statements, and other investigative material that could have been used against her at trial.
Sentencing Outcome
On December 15, 2025, Dakota County District Judge Luis Morales sentenced Empey following her guilty plea. She received a 36-month prison sentence, but it was stayed for five years, meaning she will not serve the term unless she violates probation.
Instead, Empey was placed on supervised probation for five years with Dakota County Community Corrections. As part of that sentence, the court ordered 14 days in the Dakota County Jail each year, beginning February 1, 2026, and continuing annually through 2030, in addition to credit for time already served.
The court also imposed multiple probation conditions, including:
No use of alcohol or controlled substances except as prescribed
Random chemical testing
Completion of a chemical dependency evaluation and compliance with treatment recommendations
Compliance with all state and federal laws
A prohibition on possessing firearms or ammunition
Restitution remains open for determination, and Empey was ordered to pay $130 in fines and court fees.
Why the Sentence Departed From Guidelines
A sentencing departure report filed with the Minnesota Sentencing Guidelines Commission shows the court issued a downward dispositional and durational departure from presumptive sentencing guidelines.
Judge Morales cited mitigating factors, including findings that Empey was particularly amenable to probation and treatment, that the offense conduct was considered less severe than typical cases charged under the statute, and that supervision combined with treatment would better serve public safety and rehabilitation goals. The report indicates that the prosecution objected to the downward departure, but the court approved it nonetheless.
What Happens Next
If Empey violates any probation conditions, the stayed prison sentence may be executed, requiring her to serve the full term in state custody. Otherwise, she will remain under court supervision through 2030.
ORIGINAL STORY - SOUTH ST PAUL, MINNESOTA – New developments have emerged in the case of Mikayla Empey, the 22-year-old woman charged with third-degree felony murder following the fentanyl overdose death of Lenore Ann Richard, 65, in January 2022.
Following allegations that Empey was an EMT with Allina Health, we contacted Allina Health officials and have confirmed that Empey was formerly employed as an Emergency Medical Technician (EMT) from August 28, 2023, until December 5, 2024. According to the Minnesota Emergency Medical Services Regulatory Board, Empey received her EMT certification on June 19, 2023.
The Dakota County Attorney’s Office did not file charges or issue a warrant against Empey until November 27, 2024—nearly three years after the incident and a year after she had begun her role as an EMT with Allina Health. This delay has raised questions about the timeline of the investigation, the prosecutorial process, and her employment with Allina Health.
Bail and Legal Proceedings
Court filings show that Empey posted $65,000 bail on December 2, 2024, following her arrest on November 28, 2024. She faces third-degree felony murder charges, which allege that she sold, gave, or distributed a Schedule II controlled substance, resulting in death.
Her Omnibus Hearing is scheduled for December 18, 2024, at the Dakota County Courthouse in Hastings, Minnesota.
Investigation Details
The South St. Paul Police Department launched its investigation in January 2022 after Richard was hospitalized and later died from fentanyl toxicity. Evidence gathered included pills containing fentanyl, text messages detailing a drug transaction, and witness testimony allegedly linking Empey to the delivery of the pills. You can find our original story here: Farmington Woman Faces Charges for Felony Murder in Fentanyl Overdose Death.
Public Safety Reminder
This case serves as a stark reminder of the devastating consequences of fentanyl misuse and the dangers posed by illicitly manufactured pills. Fentanyl is a synthetic opioid that is 50-100 times more potent than morphine and has fueled a worsening opioid crisis across Minnesota. While Empey’s professional background as a former EMT adds complexity to the case even though she was employed before any official charges were issued, authorities stress the importance of accountability and ongoing efforts to combat the opioid epidemic.
As with all cases, charges are allegations, and Empey remains presumed innocent until proven guilty in a court of law. Updates will be provided as the case progresses.
Written by: Will Wight
