Sullivan County Man Pleads Guilty In White Plains Federal Court To Distribution Of Heroin And Fentanyl Causing The Death Of An Individual

Preet Bharara, the United States Attorney for the Southern District of New York, announced that TERRENCE JOHNSON, 23, of Sullivan County, pled guilty to distributing a mixture of heroin and fentanyl that resulted in the overdose death of Malcolm Perry, 35, a resident of Liberty, New York.  JOHNSON also pled guilty to multiple additional counts of distributing heroin and fentanyl, distributing cocaine, conspiring to distribute at least 100 grams of heroin, and conspiring to distribute at least 280 grams of crack cocaine.  The charges to which JOHNSON pled guilty are set forth in a ten-count superseding indictment (the “Indictment”), which was filed in April 2016.  JOHNSON pled guilty to the Indictment today before U.S. Magistrate Judge Paul E. Davison.  The case is assigned to U.S. District Judge Cathy Seibel.

U.S. Attorney Bharara stated:  “As he admitted today in court, Terrence Johnson sold a deadly mixture of heroin and fentanyl in Sullivan County on multiple occasions, one of which resulted in the tragic overdose death of Malcolm Perry.  Heroin abuse – on the rise along with prescription painkiller abuse – is causing too many deaths and destroying too many communities.”

According to the allegations in the Indictment and other information in the public record:

On multiple occasions between May 28, 2015, and June 6, 2015, JOHNSON sold heroin mixed with fentanyl in Sullivan County.  Fentanyl is a synthetic opioid that is significantly stronger than both ordinary heroin and morphine.  Several customers who purchased that dangerous mixture from JOHNSON overdosed and required emergency medical attention.  On or about June 1, 2015, Malcolm Perry overdosed and died of acute fentanyl intoxication as a result of using drugs sold by JOHNSON.  As a consequence of committing the offense of distributing a controlled substance that resulted in death, as charged in Count Four of the Indictment, JOHNSON faces a mandatory minimum sentence of 20 years in prison, and a maximum sentence of life in prison.

JOHNSON also pled guilty to multiple additional counts of distributing and possessing with intent to distribute heroin and fentanyl (Counts One through Three, Seven, and Eight); one count of distributing and possessing with intent to distribute heroin and fentanyl within 1,000 feet of an elementary school (Count Six); one count of distributing and possessing with intent to distribute cocaine within 1,000 feet of an elementary school (Count Five); one count of conspiring to distribute 100 grams or more of heroin (Count Nine); and one count of conspiring to distribute 280 grams or more of crack cocaine (Count Ten).

A chart summarizing the counts to which JOHNSON pled guilty and the maximum penalties for each count is set forth below.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as the sentencing of the defendant will be determined by the judge.

JOHNSON is scheduled to be sentenced on September 12, 2016, at 2:30 p.m., before Judge Seibel.

*                *                *

Mr. Bharara praised the outstanding investigative work of the FBI, the Village of Liberty Police Department, the New York State Police, the Sullivan County Sheriff’s Department, and the Village of Monticello Police Department.  Mr. Bharara also thanked the Sullivan County District Attorney’s Office for its assistance in the case.

The prosecution is being handled by the Office’s White Plains Division.  Assistant U.S. Attorneys Anden Chow, Michael Gerber, and George Turner are in charge of the prosecution.