NORWICH – A Norwich woman pleaded guilty Monday to dealing heroin, telling the court she was an addict at the time and now wants to get her life back on track and is willing to testify against her co-conspirator.
Rachael A. Cummings, 21, pleaded guilty to third degree criminal possession of a controlled substance, a class B felony, for trafficking heroin from her residence at 4 Lee Ave. in the City of Norwich in the months leading up to her Sept. 30 arrest.
Defense Attorney Frank Revoir Jr. described his client as being taken advantage of by accused heroin dealer 39-year-old David A. Cahill. He told the court Cummings was a local girl who had fallen in with the wrong crowd and developed a substance addiction that encouraged her participation in the crime.
Cummings admitted in court that she sold heroin with Cahill to feed her own addition to the drug.
Cummings is being considered for judicial diversion, a newly-defined legal statute that focuses on treatment and rehabilitation at the judge’s discretion. In exchange for her pleading to the felony, which carries a maximum sentence of 9 years, Chenango County Court W. Howard Sullivan agreed to allow Cummings to plea to a misdemeanor if she complies with the court’s demands for a full year. Revoir said she had already served four months in jail, had attended rehab, tested clean for any drug use for the last seven months and was participating in treatment court. He also said she had acquired a part-time job, was willing to admit her role in the incident and was willing to cooperate with prosecutors in the ongoing case against Cahill. Cummings also presented the judge with documentation showing she had applied to a school so she could continue her college education.
“I can’t think of what else the court might ask a young defendant to do to show their willingness to turn their life around, your honor,” said Revoir.
District Attorney Joseph McBride objected to the plea, asking the judge to consider sending Cummings to prison. After the court made the ruling, McBride asked the court to carefully review Cummings’ progress a year from her sentencing to ensure justice is served. He told Cummings in court that if she violated her agreement, she could be sentenced to the maximum.
Cummings was arrested in a police raid Sept. 30. after Cahill’s three children, ages 5, 7 and 9, boarded the school bus.
The City of Norwich Police, State Troopers and the Greene Police swept through their home, deploying concussion grenades and crashing through the residence’s front and rear doors.
Both were later indicted for third degree criminal possession of a controlled substance, a class B felony, and first degree criminal nuisance, a class E felony.
Police seized nine individually-wrapped packages of heroin stamped with the words “Game Over” on them. The total value of the drugs seized was estimated to be around $200.
First Assistant District Attorney Stephen Dunshee said at a prior court hearing that Cahill had past arrests in his home state of Connecticut for multiple drug-related offenses, including sale and possession. Dunshee also said Cahill’s past acts in the state included fleeing and fighting with police. Cahill is currently at the Chenango County Correctional Facility on $50,000 bail.
Before leaving court Monday, Revoir requested that an order of protection be placed on Cahill on Cummings’ behalf, saying he had attempted to contact her over the incident since her arrest. The court issued the order and told Cummings to avoid contact with Cahill while the case was pending.