A Massachusetts drug and major crime task force had been involved in a one month long investigation of Heroin Sales in the greater Brockton and Taunton areas. The investigation resulted in the arrest of Leah Nelson, Abel Parker and Bryan Donachie, all Massachusetts residents residing in Plymouth County. An article in the Brockton Enterprise states that police watched Donachie travel from Wareham to East Bridgewater in Nelson’s car. Implicit in the article is that Donachie was using the car and making the trips as part of a Heroin Distribution effort. The officers obtained a Search Warrant for the car. This past weekend detectives saw the three defendants in the car. They approached and found Nelson in the driver’s seat, Donachie in the front and Parker in the back. As they approached the car the officers saw Parker packaging heroin. All occupants were searched. The police found about ten grams on Donachie. Each defendant was charged with Conspiracy, a School Zone Violation and Possession with the Intent to Distribute Heroin, a Class A substance. Nelson’s car was searched as well. There, officers located Drug Distribution Paraphernalia, about one thousand dollars worth of heroin and some heroin ingestion materials. Authorities claim that Donachie was purchasing about ten grams of heroin per day, breaking it down and reselling for a substantial profit. The cases are being prosecuted in the Brockton District Court.
The School Zone Violation is the biggest problem the defendants in this case, particularly since this case is being prosecuted in Plymouth County. The district attorney in that county does not like to break down school zone cases. The result is that the case will likely be litigated either through a Motion to Suppress, Motion to Dismiss or trial. The prohibition against selling drugs in school zones in Massachusetts is governed by Massachusetts General Laws Chapter 94C Section 32J. The law states that anyone who sells drugs or possesses drugs with the intent to distribute the drugs within one thousand feet of a school zone or within one hundred feet of a playground shall be punished by a minimum mandatory two year jail sentence. The defendant’s intent or knowledge relative to the school zone itself is of no relevance.
From the perspective of a Massachusetts Drug Crimes Lawyer, it appears that Donachie and perhaps Nelson and Parker have drug problems. The presence of the needles and syringes supports that at least one, if not all of the defendants were using Heroin. Using narcotics is consistent with Possession, not the intent to distribute. The district attorney will argue that the act of packaging suggests otherwise. The evidence as taken from this article suggests that a combination of the two are at work here. At times this factor can motivate prosecutors to consider a reduction of the charges to something less onerous and perhaps something that will not include jail time. Much of this depends on the record of the accused, the extent of his or her drug problem and the quantity of drugs involved. In cases like this one, the defendants need a good lawyer.
The Law Offices of Stephen Neyman is committed to defending anyone accused of committing a crime in Massachusetts. We are always available to talk. Call 617-263-6800 or email our attorneys now. We can help you defend your criminal charges.