CANTON — A Massena man who accepted a plea deal with the state attorney general’s office to serve local jail time in Operation Gravy Train is now facing prison after he was allegedly caught with drugs while awaiting sentencing.
On July 10 in St. Lawrence County Court, Mariano Patterson, 51, of 40 Willow St., pleaded guilty to third-degree criminal sale of a controlled substance.
On Nov. 14 in the city of Ogdensburg, Mr. Patterson knowingly sold heroin to another person.
As part of the plea deal, the remaining charges against him were satisfied and County Court Judge Jerome J. Richards committed to sentence Mr. Patterson to one year in the St. Lawrence County jail.
Sentencing was scheduled for Sept. 14 and, before Mr. Patterson was released under probation supervision, he was advised by Judge Richards that the court would not be bound by the sentencing commitment if Mr. Patterson failed to abide by the terms and conditions of his release, which included reporting to probation and not to use any illicit substances,
But on July 17, a week after his guilty plea, Judge Richards said Mr. Patterson was picked up on a bench warrant for failing to report to probation. The judge said probation officials tried to reach Mr. Patterson on his two different phone lines and that one phone line did not have an active voice mailbox. A message left on the second line was not returned and when probation officials tried to leave a second message a few days later, the line was no longer accepting incoming calls. Moreover, probation officials said that a letter sent to Mr. Patterson’s listed residence was returned and that he was reportedly not at that address.
When he was picked up by police on the warrant, he was also found in possession of heroin and crack cocaine and charged with three counts of misdemeanor seventh-degree criminal possession of a controlled substance, Judge Richards said.
Mr. Patterson’s attorney, Alexander Lesyk, requested a conference with prosecutor James J. Mindell, assistant deputy attorney general and senior investigative counsel to the statewide organized crime task force. Mr. Mindell is scheduled to return to County Court on Aug. 15 and 16 for further Operation Gravy Train conferences and attempted plea negotiations.
“I don’t believe I am bound by sentencing commitment,” Judge Richards said. “I can sentence him to whatever I deem appropriate.”
Mr. Patterson was sent to St. Lawrence County jail without bail.
In other court action Monday:
Brandon Bylow, 28, of 207 Franklin St., Ogdensburg, appeared on a bench warrant for alleged violations of a plea deal he reached in Operation Gravy Train.
On July 10, Mr. Bylow pleaded guilty to the reduced count of fifth-degree criminal possession of a controlled substance, reduced from third-degree criminal possession of a controlled substance as part of a plea deal with the attorney general’s office.
On Oct. 26, in the village of Gouverneur, Mr. Bylow possessed cocaine with the intent to sell it.
As part of the plea deal, Judge Richards committed to sentence Mr. Bylow to five years of probation.
Judge Richards said Mr. Bylow was also supposed to complete treatment and remain free of drug use during his release prior to his Sept. 8 sentencing.
However, the judge said that although Mr. Bylow successfully completed one bout of treatment, he twice tested positive for suboxone, releasing the court from its commitment to sentence him to probation and that Mr. Bylow faced 2½ years in prison.
“I don’t want that. I made a big mistake,” Mr. Bylow said before his attorney, Christopher D. Nye, Fort Covington, stopped him.
Judge Richards told Mr. Bylow that, with possibly three exceptions, the 106 people charged in Operation Gravy Train were evaluated with substance abuse issues.
People willing to use and buy drugs with fentanyl in them, which has been killing people in the community, is a danger to society, including police, first responders, and family members, Judge Richards said.
“This is your chance. This is your opportunity,” Judge Richards told Mr. Bylow. “I don’t know if you are shivering with fear but there is probably some concern about being sentenced to prison. The problem is, when people walk out that door, I no longer exist.”
Mr. Bylow was warned to resist his addictions and take care of himself as Judge Richards continued him released on $10,000 cash bail until his sentencing.
“This is about the rest of your life, but it isn’t going to be very long” if Mr. Bylow continues his drug use, Judge Richards said. “Don’t paint me into a corner.”
Amy Bennett, 40, of 636 Route 3, Harrisville, was released from jail after being picked up on a bench warrant for failing to contact probation officials.
On July 6, Ms. Bennett pleaded guilty to the reduced count of fourth-degree conspiracy to satisfy the indictment charging her with second-degree conspiracy as part of a plea deal with Mr. Mindell as part of Operation Gravy Train.
As part of her plea deal, the court committed to sentencing Ms. Bennett to five years of probation.
From March 4, 2016, through on or about Feb. 17, in St. Lawrence County and throughout the state, Ms. Bennett conspired with other individuals in the possession and sale of narcotics.
Sentencing is scheduled for Oct. 18 and prior to her release under probation supervision, Ms. Bennett was advised to abide by the terms of probation, including reporting when required.
Ms. Bennett’s attorney, Christopher R. Curley, said that Ms. Bennett had participated in treatment and has remained sober, but said that she did not know she had missed an appointment, despite the notices. Mr. Curley said that Ms. Bennett’s long history of drug abuse has affected her memory and that she uses a notebook to keep appointments.
“That is not an excuse I am willing to accept,” Judge Richards said. “I’m not going to listen to ‘well, my memory is bad because of drugs.’”
Judge Richards released Ms. Barrett from jail and under continued probation supervision with a warning that she make her appointments.
“This whole Gravy Train is not a good thing,” Judge Richards added. “It’s actually embarrassing that St. Lawrence County is so infested with drugs and drug dealers.”