Man charged with selling heroin seeking judicial diversion
NORWICH – Stephen A. Reilly, 22, of Norwich, appeared in Chenango County Court from the Chenango County Correctional Facility for a hearing on judicial diversion.
Reilly was previously arrested for the sale of heroin following an unattended death he was linked to, occurring on Aug. 5, 2015.
Following the investigation of the unattended death, Reilly was charged with criminal sale of a controlled substance in the third degree, a class B felony.
It is alleged that Reilly, on Aug. 3, 2015, sold ten packets of heroin in the Town of Plymouth to the now-deceased victim.
Reilly was originally arraigned in the Town of North Norwich Court and remanded to the CCCF in lieu of $30,000 bail.
Reilly was present in court before Chenango County Court Judge Frank B. Revoir Jr., with his attorney Benjamin Bergman.
District Attorney Joseph A. McBride was present on behalf of the people.
Revoir stated for the record that per assessment Reilly was eligible for judicial diversion, a motion McBride immediately objected.
Reilly was un-handcuffed for the duration of his hearing.
Jim Everard, Chenango County Drug Court Coordinator, was sworn in as the first individual to take the stand on the matter.
Everard alleged he had performed that assessment of Reilly and further explained that judicial diversion was to find a history of substance abuse and connect this abuse with current problems.
“I believe treatment could be a good start,” said Everard.
McBride then was given a chance to question Everard.
“Most cases we see in court, the people don’t pass away,” said McBride, “did he make a statement on the loss of life?”
“I don’t believe he did,” answered Everard, “he was a part of the process of selling, in part to get heroin for himself.”
Everard was then allowed to step down from the stand, and Reilly was sworn in as the second witness.
Per questioning, Reilly alleged that before this drug arrest, he had never been convicted before saying, “No, only possession of marijuana.”
“We both helped each other get heroin, we needed it. We would get it from Utica, 10 bags would go for $140 maybe $150, but I never kept any of the money. I was using heroin everyday,” said Reilly.
Reilly further said that he would receive heroin for free, when he acted as the middle man to sell the heroin. While also alleging he first used heroin at the age of 17 or 18.
Per questioning from his attorney, Reilly admitted on the record to at one point previously using marijuana, cocaine, crack-cocaine, methamphetamine, oxycodone, acid, LSD, and suboxone.
“I relapsed March of 2015 when I left Florida where I was getting treatment and went to Wyoming, then I came back to Norwich after two months in Wyoming,” said Reilly.
Bergman then offered exhibit C as evidence, which was allegedly a statement that was made at the time of the arrest.
McBride was given a chance to question the defendant, saying, “Why is this time going to be any different from the previous times you received treatment?”
“A lot of my friends have died this year and it's time to make changes,” answered Reilly.
McBride then asked Reilly if he knew another victim who has recently passed away from overdose, as well as what he thinks the parents of these victims would want to see, to which Reilly answered, “he was my best friend, I would think they would want to see that person get help and be punished.”
After having Reilly recount the months leading up to his arrest where he was receiving treatment in Florida and subsequently relapsed Reilly said that his friends who are still clean are still in Florida and have not returned to Norwich.
“I would like to go to treatment, maybe go to drug court for at least a year,” said Reilly just prior to questioning being completed.
Revoir said he would reserve on the matter but would issue a written statement with his decision within the next few weeks.
A pre-plea investigation was submitted as exhibit B, and the medical records of Reilly from Corner Stone drug treatment facility in Florida were submitted as exhibit D before this court hearing came to a conclusion.
Reilly was previously arrested for the sale of heroin following an unattended death he was linked to, occurring on Aug. 5, 2015.
Following the investigation of the unattended death, Reilly was charged with criminal sale of a controlled substance in the third degree, a class B felony.
It is alleged that Reilly, on Aug. 3, 2015, sold ten packets of heroin in the Town of Plymouth to the now-deceased victim.
Reilly was originally arraigned in the Town of North Norwich Court and remanded to the CCCF in lieu of $30,000 bail.
Reilly was present in court before Chenango County Court Judge Frank B. Revoir Jr., with his attorney Benjamin Bergman.
District Attorney Joseph A. McBride was present on behalf of the people.
Revoir stated for the record that per assessment Reilly was eligible for judicial diversion, a motion McBride immediately objected.
Reilly was un-handcuffed for the duration of his hearing.
Jim Everard, Chenango County Drug Court Coordinator, was sworn in as the first individual to take the stand on the matter.
Everard alleged he had performed that assessment of Reilly and further explained that judicial diversion was to find a history of substance abuse and connect this abuse with current problems.
“I believe treatment could be a good start,” said Everard.
McBride then was given a chance to question Everard.
“Most cases we see in court, the people don’t pass away,” said McBride, “did he make a statement on the loss of life?”
“I don’t believe he did,” answered Everard, “he was a part of the process of selling, in part to get heroin for himself.”
Everard was then allowed to step down from the stand, and Reilly was sworn in as the second witness.
Per questioning, Reilly alleged that before this drug arrest, he had never been convicted before saying, “No, only possession of marijuana.”
“We both helped each other get heroin, we needed it. We would get it from Utica, 10 bags would go for $140 maybe $150, but I never kept any of the money. I was using heroin everyday,” said Reilly.
Reilly further said that he would receive heroin for free, when he acted as the middle man to sell the heroin. While also alleging he first used heroin at the age of 17 or 18.
Per questioning from his attorney, Reilly admitted on the record to at one point previously using marijuana, cocaine, crack-cocaine, methamphetamine, oxycodone, acid, LSD, and suboxone.
“I relapsed March of 2015 when I left Florida where I was getting treatment and went to Wyoming, then I came back to Norwich after two months in Wyoming,” said Reilly.
Bergman then offered exhibit C as evidence, which was allegedly a statement that was made at the time of the arrest.
McBride was given a chance to question the defendant, saying, “Why is this time going to be any different from the previous times you received treatment?”
“A lot of my friends have died this year and it's time to make changes,” answered Reilly.
McBride then asked Reilly if he knew another victim who has recently passed away from overdose, as well as what he thinks the parents of these victims would want to see, to which Reilly answered, “he was my best friend, I would think they would want to see that person get help and be punished.”
After having Reilly recount the months leading up to his arrest where he was receiving treatment in Florida and subsequently relapsed Reilly said that his friends who are still clean are still in Florida and have not returned to Norwich.
“I would like to go to treatment, maybe go to drug court for at least a year,” said Reilly just prior to questioning being completed.
Revoir said he would reserve on the matter but would issue a written statement with his decision within the next few weeks.
A pre-plea investigation was submitted as exhibit B, and the medical records of Reilly from Corner Stone drug treatment facility in Florida were submitted as exhibit D before this court hearing came to a conclusion.
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