NORWICH – Fitim R. Latifi – accused of selling heroin – was scheduled to begin his jury trial on May 23, however, he chose to opt out of the trial, accepting a plea bargain from The Chenango County District Attorney's Office.
Latifi, 32, of 16 Sheldon Street in The City of Norwich was in court on May 20, with his attorney Thomas D. Jackson Jr. of the Jackson Bergman Attorneys at Law office in Binghamton.
Judge James E. Downey presided over the matter, while First Assistant District Attorney Michael D. Ferrarese was present on behalf of the people of Chenango County.
Latifi was originally arrested back on August 28, 2015, picked up by the Chenango County Sheriff's Office for an active arrest warrant that was issued by the Chenango County Court. The warrant was issued by the court following a sealed indictment presented to the grand jury on August 28, 2015.
Latifi had been under investigation for the sale of heroin in the Norwich area for ‘some time’ before being picked up on the arrest warrant, according to a press release that was issued at that time.
CCSO Narcotics Detectives, Road Patrol Deputies, and members of the Norwich Police Department located Latifi at his residence of 16 Sheldon St. in the City of Norwich.
Latifi was indicted on four counts of criminal sale of a controlled substance in the third degree, all class B felonies.
It is alleged that Latifi sold heroin in The City of Norwich area on at least four separate occasions, and at that time was arraigned in the City of Norwich Court and remanded to the Chenango County Correctional Facility in lieu of $25,000 cash bail.
Based on The Evening Sun archives, Latifi has a criminal history in the area. In a prior Evening Sun story in 2008, it was alleged that Latifi, then 25 and living in Sherburne, was remanded to the Chenango County Correctional Facility after he was arrested for stabbing a family member.
On this prior matter, Latifi was charged with first degree assault, a felony, and third degree possession of a weapon. Norwich City Police reportedly responded to the scene in the City of Norwich, where they found a family member with a stab wound to the leg.
Since that original arrest date in August of 2015, Latifi had been released after posting a reduced bail amount of $10,000, while out on bail Latifi was rearrested for an alleged incident in Guilford where felony charges may be pending.
Latifi was in Chenango County Court the Friday before his trial date for Molineux and Sandoval hearings to determine what evidence could possibly be used.
However, once in court Latifi made it known to all present parties that he wished to not go forward with his jury trial and would like to enter a plea of guilty to the top count.
The understanding was that if Latifi changed his plea to guilty to the first count of the indictment, charging him with one count of criminal sale of a controlled substance in the third degree, all class B felony. That in turn for that, any possible charge out of the Guilford Court would run concurrent.
Judge Downey made it known that he would be sentenced to seven years in state prison followed by three years post release supervision on the charge, as well as be fined a total of $375 in fines and fees.
“I ask at this time we take the plea, and that he be arraigned on the predicate felony statement,” said Ferrarese.
Latifi would be sentenced as a predicate felon due to past felony convictions, including a burglary in the fourth degree conviction on July 9, 2003 where Latifi was sent to state prison, according to the felony predicate statement read into the record.
Latifi was sworn in and asked various questions from Ferrarese regarding the sale of heroin.
After being read the charges, Latifi did opt to enter a guilty plea.
“Between now and the time of sentencing, I ask that he be remanded. He is a flight risk, the fact that he committed a crime while out shows that he should be remanded,” said Ferrarese.
Downey did make motions that he would exonerate bail if in fact he did choose to remand Latifi.
“He came in today on his own accord, he has a child he keeps track on on his own,” said Jackson in defense of Latifi.
At this time the defense withdrew all outstanding motions from the court, officially causing the scheduled, May 23 jury trial to be called off.
Against the advisement of his attorney, Latifi spoke on his own behalf saying, “I’ve made bad choices, this is no excuse. I will return back to the community, my family is here, and they are taking this hard. I ask the court – not to benefit me, but my family – I ask the court to take them into consideration. I promise I will not run, I am not going to leave my kid, and family behind. If not if I could at least give each a hug first.”
Downey did acknowledge Latifi's apology but chose to exonerate bail at this time and remand Latifi without bail, pending his sentencing.
“This crime requires a day of reckoning and today is that day,” said Downey.
At this time in court, sentencing was supposed to be adjourned to a later date, however Latifi spoke with his attorney and asked the court to waive an updated pre-sentence report and proceed directly to sentencing.
“Judge this defendant is here and this was set down for trial for a case of selling heroin for an extended period of time, he was a contributor to the problem in our community, bringing it into the community, helping to create and feed addicts so he could make a living, “ said Ferrarese. “When he gets out, he will still be a young man, this is going to be his third felony and at least now we have one less drug dealer off the streets.”
Once again against his attorney's best advice Latifi spoke on his own behalf saying, “I wasn’t a drug dealer, I didn’t bring drugs into the community, I sold them but what is going on today I wasn’t a part of,” said Latifi. “I did what I had to do, convicted felons can’t get a job, and I had to what I did to supply for my kid. I will accept my punishment but I am not a monster who contributed to the problem.”
At this time Latifi was sentenced to seven years in a New York State Prison followed by three years post-release supervision, with a civil money judgement of $375 put on his name.
A waiver of appeal was signed by all, as well as a permanent order of protection for all victims in this case.
Latifi was transpoted back to the CCCF by CCSO detectives, and will appear in Guilford court at a later date.