News - Drug dealer gets 20 years for fatal OD

TOMS RIVER -- An Eatontown man was sentenced to 20 years in prison yesterday for having sold heroin to a Brick man who later died, in a case that prompted the Ocean County prosecutor to warn afterward that overdose deaths are "skyrocketing" in Ocean County.
Pierre Binot, 26, was convicted by a jury last month under a rarely used state law that allows authorities to hold those who deal drugs that result in death accountable for the death. He also was convicted of other drug-related charges.
Authorities said Binot sold heroin to John Spampanato Jr., 23, of Brick on April 21, 2001, who died of a drug overdose later that day.
Prosecutor Thomas F. Kelaher held a press conference immediately after the sentencing to say authorities are "absolutely frightened" over a rise in overdose deaths in the county -- 54 so far this year.
"It's difficult to make cases like that because so often when the victim dies, we don't know where he purchased the drugs that caused death," Kelaher said.
Binot's attorney, James N. Butler Jr., asked Superior Court Judge Edward J. Turnbach to be lenient and impose a prison term of no more than 12 years. He said Binot's family has suffered.
"There is nothing more on this earth that hurts more than losing someone - especially your own flesh and blood," said Binot, who offered his condolences to Spampanato's father, John, who also lives in Brick. "I will pray every night that his days are a little easier."
Spampanato's father, who was not in court and was reached later by telephone, said he was happy with the sentence.
"I'm glad he got what he deserved," he said. "It's never going to bring him back, but at least he's getting punished for it."
Binot maintained his innocence, saying he had gone to Newark with his former girlfriend to buy clothes the day Spampanato died, and promised to fight the conviction.
"I did not give your son or sell your son any drugs," Binot said. "I never knew your son."
Senior Assistant Prosecutor Ronald F. DeLigny said Binot was a career dealer whose arrestshortly after Spampanato's death didn't deter him from being arrested again on drug-related charges in Monmouth County in December 2001.
"Let's face it here. What is Pierre Binot?" DeLigny asked. "Pierre Binot is a heroin dealer. . . . And who does Pierre Binot sell heroin to? Anyone who has the money to buy it."
Turnbach sentenced Binot to 15 years in prison for his role in Spampanato's death, with a stipulation that he serve 85 percent of his sentence before he is eligible for parole. He also sentenced him to five years in state prison on a charge of distributing drugs in connection with the death, to be served concurrently.
Binot also must serve an additional five years in prison on other drug-related charges the jury convicted him of in connection with a sting operation authorities set up several days after Spampanato's death.
Turnbach also denied Binot's request that he set aside the jury's verdict and grant a new trial, citing the evidence against him.
OD'ing at record rate
At his news conference, Kelaher said half of the county's 54 overdose deaths so far this year have resulted from heroin, or the use of that drug with alcohol. Dover Township has seen the most fatal overdoses -- 16.
There were 38 overdose deaths in all of last year.
Area hospitals have reported about 300 nonfatal drug overdoses so far this year, Kelaher said.
Authorities said there may be a variety of reasons for the increase in deaths. Federal authorities have warned a "much stronger grade of heroin" is now on the streets, being brought in by the old South American cocaine cartels. Purer heroin can be smoked or snorted, removing the stigma of using a needle to inject the drug.
Close to 70 percent of those who died this year were 35 or older. These addicts may have more health problems that make severe overdoses more likely, the prosecutor said.
"So really, they're playing with Russian roulette when (they're) ingesting it," DeLigny said.
DeLigny said bags of heroin, enough for a single "hit," sell for about $20, but can be as cheap as $8 in cities.
Authorities say more addicts are committing other crimes such as burglary and robbery to support their habit. Yesterday, a Brick man was sentenced to 15 years for his role in a series of Chinese restaurant holdups his attorney blamed on heroin habits that cost the man and his girlfriend $300 a day.
Despite the increase, officials said they don't plan many changes in law enforcement. Ocean County opened its Drug Court earlier this year, which is an alternate sentencing program that includes intense court supervision for drug users who have committed nonviolent crimes.
"Reach out to them and get them some help," was Kelaher's advice to those who know of anyone with a drug problem. "It just seems to be getting worse as time goes on."
Taken from here

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Originally posted by apollo:
^^ Nice one Jester
I think this is unjust. John Spampanatos death was 100% his own responsibility. Pierre broke the law by dealing heroin, and according to the constitution of the country he is a citizen of, he should be punished accordingly.
He should not be punished for the actions of another man, actions which he had no control over.

nothing to do with the consitution. its to do with the state law that says he can be puished for his role in the death. plain and simple.
if its unjust then the citizens of that state should do something. Its not that hard in america for state law reform.

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Originally posted by porn*:
I was thinking, WTF is a "Brick man" for so long.
LOL. Me too. I thought they mean't a builder! LOL!

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