Eric Kay’s trial continued Tuesday, with the court hearing from former Angels pitcher Matt Harvey. In his testimony, Harvey talked about his discussions with the late Tyler Skaggs about drugs and his, as well as Skaggs’s, substance use.
Kay, the former Angels communications director, is on trial after being indicted by a Texas federal grand jury for allegedly supplying Skaggs with the fentanyl that caused his death in 2019.
On Feb. 9, Kay’s defense attorney, Reagan Wynn, said Harvey provided Skaggs with one of the pills the late Angels pitcher took the night of his death. Per Wynn, Kay saw Skaggs take three lines of crushed pills—two blue and one pink. Kay asked Skaggs where the pink substance came from and Skaggs responded, “Those are Percocets I got from [former teammate Matt] Harvey.“
Percocet was not detected in Skaggs’s system, though investigators later determined the pink pills found in his room were “legitimately manufactured five-milligram oxycodone pills that did not contain fentanyl.”
Harvey planned to invoke the fifth amendment in court if not granted immunity, per ESPN’s T.J. Quinn. In his testimony, Harvey told the court about conversations he had with Skaggs during spring training in 2019. They talked about different experiences they had, ranging from partying to surgeries to injury.
Harvey said he tried Oxycodone in 2019, provided to him by Skaggs, though Harvey said he didn’t like the way it made him feel.
Harvey also said he began supplying Skaggs with Percocets in 2019. During road games, Skaggs asked him for pills a few times, in one instance saying he wanted to feel “loosey goosey“ before a start. In the clubhouse, Harvey would provide Skaggs with six or seven Percocets at a time.
Percocet use was not uncommon among major league players in 2019, per Harvey. He said, however, that he did not know the extent of Skaggs’s drug use.
When Harvey did not provide them, Harvey said Kay did. When Kay was in rehab, Harvey testified that Skaggs had another supplier in the Los Angeles area. Harvey said Skaggs told him he would crush up and snort pills on the toilet dispenser in the clubhouse bathroom, according to Quinn.
On July 1, 2019, the 27-year-old Skaggs was found dead in his hotel room in Southlake, Texas. A toxicology report determined he had fentanyl, oxycodone and alcohol in his system. While under the influence of the three substances, Skaggs choked on his vomit and died.
Harvey told the court he found out two days before the fatal trip he would not be going. He said Kay left him a blue oxycodone pill in his locker, but he didn’t take it. Upon hearing about Skaggs’s death, Harvey said he threw out the pill, fearing something would happen to him.
When asked whether he ever told Skaggs to be careful, Harvey said he wishes he had and that “guys are constantly doing what they can to stay on the field. At the time I thought I was being a good teammate,” per Quinn.
Harvey acknowledged his testimony would impact his reputation and career. The righthander performed well with the Mets during his first three seasons, but his performance has declined significantly since then, after a series of injuries and major surgeries. He spent just the one season with the Angels, in 2019, and made just three appearances with the Royals in ’20. He is currently a free agent after pitching for the Orioles last season, and, even before he took the stand in Kay’s trial, there was no guarantee that Harvey would get another chance to pitch in the big leagues.
The prosecution must establish that Kay distributed the fatal fentanyl in Texas. In addition to facing a felony charge of causing Skaggs’s death, Kay faces a second felony charge of distributing opioids.
