Street Level Heroin Dealer Sentenced To 40 Years In Prison

Mr.Scagnattie

Mr.Scagnattie

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26 Year Old Heroin Addict and Small Time Dealer Sentenced To 40 Years​

Written by Sawn Cohen
Journal News
02/07/2014

http://www.LoHud.com/apps/pbcs.dll/article?AID=2014302060067


The mother of a street-level heroin dealer sentenced to 40 years in prison lashed out at the Putnam County judge and district attorney, saying they scapegoated her son for the suburban heroin epidemic by meting out a punishment harsher than many murderers get.

“It’s like they want a feather in their caps for winning the war on drugs,” Virginia DeMicheli of Montrose told The Journal News on Thursday, a week after her 26-year-old son, Stefano, was sentenced. “I don’t think he should go unpunished. But 40 years is unfathomable. Why not arrest and make an example out of a drug dealer at the top of the chain, or the suppliers? Why go after a small town young man, one without the means to defend himself?”

She cried as she added, “He’ll be 66 years old when he comes out. I’ll never see my son again outside of jail. I’ll be dead.”

District Attorney Adam Levy made a personal appearance in November to argue for the maximum sentence to hold Stefano DeMicheli accountable for failed drug tests, missed counseling sessions and other arrests while participating in a drug treatment program.

By failing out of the judicial diversion program, Stefano DeMicheli put himself in a position to get sentenced on the felony drug conviction that put him there.

He faced up to 12 years on each of four counts for a December 2011 arrest in which police found him with 35 bags of heroin and 19 bags of crack cocaine.

On sentencing day Jan. 30, Stefano DeMicheli’s legal aid lawyer Brian Carlin told the judge that “even a sentence of 12 years would be greater than any sentence ever given out in this court.”

Assistant District Attorney Sarah Crabtree countered that Stefano DeMicheli made a mockery of the program that allows some nonviolent offenders to pursue treatment instead of jail time.

“He was selling narcotics and part of a narcotics ring while a participant in treatment court,” she said.

“I did take the program seriously,” Stefano DeMicheli replied when given his chance to speak. “I never took it as a joke. This is my (life). I made a lot of mistakes. I was young, and I really regret everything that I’ve done."..........

(Continued)
 
I know.

I am sure my comment comes from my guilt of having enabled close friends and loved ones to the point of addiction, pain, misery, psychosis, and death.

One day I will pay for my sins too. I can only hope I am forgiven.
 
Ninth District Administration
111 Dr. Martin Luther King Jr. Blvd. - 11th floor
White Plains, NY 10601
Phone: 914-824-5100
Fax: 914-995-4111

Email: [email protected]

Contact Putnam County Office of the District Attorney

40 Gleneida Avenue,
Carmel, NY 10512
(845) 808-1050
[email protected]

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Ass clown of the day award has been handed down.. enjoy it you have earned it. what an idiot.. completely out of answers how much more do we need to have people realize that the drug war is the biggest failure of all time. I have saved your children by putting this young man in prison for forty years.. give me a fucking break.. man in prison life ruined.. positive effect.. none!
 
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Captain.Heroin said:
Cry me a river tbph
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Fuck up, captain.junky. I am sure your "enabled" friends would of sought out the drugs elsewhere since they could not quit from all the pain, misery and psychosis the drugs caused. What did they expect? To live? Clearly living in internet land, typing out a comment whilst junked out in the safety of his home.

Try someone you love doing 40years for dealing heroin on the bloody street, then we will se how tough and "harsh" you will be. Pedophiles, child rapists, serial killers and soldiers who commit war-crimes get less than that.
 
teological said:
Fuck up, captain.junky. I am sure your "enabled" friends would of sought out the drugs elsewhere since they could not quit from all the pain, misery and psychosis the drugs caused. What did they expect? To live? Clearly living in internet land, typing out a comment whilst junked out in the safety of his home.

Try someone you love doing 40years for dealing heroin on the bloody street, then we will se how tough and "harsh" you will be. Pedophiles, child rapists, serial killers and soldiers who commit war-crimes get less than that.
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so you support someone going into a treatment center with no intentions of getting better while being an active drug dealer. yes the sentence is harsh but this guy got his one chance and not only did he not take it he pissed on it.
 
NewjerseyChill, umm no, I do not support any of that. Don't put words in my mouth or text or whatever. I am just shocked and angry at such a harsh penalty for a non-violent crime. This was not meant to teach him a life lesson. Something like 5 - 10 years (still too harsh) would teach him a lesson, and when he comes out he would not do it again. If he does, then another sentencing...that is teaching him a lesson in hope he can become a "productive law-abiding citizen". This is just....fucking criminal. It is worse than the fucking death penalty.
 
@ chill Why should he only get one chance.. I do not agree with the way he tried to play the system.. but looks like these guys are taking it personal that he made these choices. What positive does putting this man away for forty years.. pretty sure the drugs will still be everywhere. This looks like a desperate attempt by law enforcement to claim they can make a difference in the herion and opiate epidemic. time to try something new. Also why does he need forty years to think about this.. why not have a system that allows him to earn his freedom and his life back. Shure he had that opportunity. but since the system failed again in helping someone help themselves then they lock their combined failure away for forty fucking years. ? How about two years and then another opportunity at rehab?
 
There is a killer in Australia who is getting a sentence for murder today. That Gittany bastard. He threw his girlfriend off a 15 story floor. The defense is asking for a lenient term of less than 10 years and the prosecutor wants the "harsh" 20 year term. They are fucking arguing between how "bad" the murder was, it is accepted it is a murder though and not manslaughter and what not. What a fucking crock of bullfuck shit. A murder is a murder, I don't care what rating you give it.

The slain woman's friend also presented a witness statement late in the case which was severely incriminating for the murderer, but the defense say that this can not be taken into account by the judge because her testimony came TOO LATE. What sort of fucking society am I living in? He should be in jail for forty years. He does not deserve to learn a life lesson and be released, he deserves to sit in jail and think about his crimes and suffer for taking another human being's life. He also should not get the death penalty as that would be too quick, hence forty to sixty years being perfect. He won't be out before he is 80.

So who would you rather have living next door to you? The young man dealing heroin or this smooth murderer? The justice system seems to think that the murderer is more desirable human being (although we are in different nations, I know). I swear I feel like jumping off a bridge.
 
NewJerseyChill said:
so you support someone going into a treatment center with no intentions of getting better while being an active drug dealer. yes the sentence is harsh but this guy got his one chance and not only did he not take it he pissed on it.
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40 years is too good for him. HANGING is too good for him! They should chop him up into itty bitty pieces and bury him alive!!
 
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cant do much about it now. 40 years is long enough to learn a lesson, though thats for sure. and its damn sure long enough to get clean off drugs.
 
in the full article, it does say he has a backlog of 30 or so felonies but eh, this is a classic case of getting caught up in the cultural moment of people being disgusted at heroin killing off Phillip Hoffman, more than anything...whatever you think about him cheating the system, still, he's a small-time dealer, he's not making a lot of money off of this, he's non-violent, and he's a typical scapegoat - white, non-threatening and from the suburban side of things. Perfect example to be hung out there to dry...it's all pathetic.
 
Yeah they are at the point where they're labeling all dealers as equal, whether you are a user and just selling a few bags to support your habit, or you are a professional who is moving ounces a day. It's incredibly fucked up and I got caught up in the same nonsense. I got arrested for "drug dealing".. 2 sales of under a 10 bags a piece, and they charged me with 4 B felonies and want me to serve jail time. As of recently, I know many people going through the same shit. Drug users, selling drugs as a result of their own debilitating addiction, not even making any money or selling serious amounts, and certainly not pushing it to kids.

So..how they can lump drug addicts doing what they have to do into the same category as real drug dealers moving weight, is beyond me and just another sign at how fucked our system is.

This kid got busted with 3.5 buns of dope and some crack... very much personal use quantities indicating he was selling a little bit to pay for his own use. Far from some drug king pin.

Of course, the reason why he's getting so screwed is because he was on drug court.. which is fucked up in itself. In DC, you have to plead guilty to the max for all your felonies, which for drug sales is often 9-12 years per felony. So then, if you screw up, the judge has the ability to then sentence you to the maximum penalty since you plead guilty to all the counts. They obviously usually never do that, but because of all media attention right now on H, the OD's, etc, these douche bag politicians want to make a name for themselves and say they were "tough on drugs", and want to make a statement.

It's just unfortunate that it's going to be at the expense at this poor bastards life. I hope some bad ass lawyer takes this kids case pro bono and shreds the DA in appeals court.
 
Possession of scales is a really poor indicator of intent to sell or supply these days.
Any responsible user should have .001 g scales for HR purposes. They're no longer solely used by dealers, as they are remarkably cheap compared to a few years ago. It's crazy, and should not be used by prosecutors as evidence of dealing.
 
2 years would be a normal sentence for this type of thing. Common sense would dictate that 45 years is outrageous!
 
Don't read the comments.

The only fair punishment for selling drugs in a rehab is expulsion from that rehab. There is nothing criminal about selling a correctly represented product to willing buyers.
 
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