Drug Dealer Gets 11 Years After West Babylon Man's Overdose: DA

DEER PARK, NY — A Deer Park drug dealer whose actions led to a West Babylon man's fatal overdose was sentenced in court today, Suffolk County District Attorney Ray Tierney said.

Vito Frabizio, 33, was sentenced to serve 11 years in prison, after he pleaded guilty in September to three counts of third-degree criminal sale of a controlled substance before the Honorable John B. Collins, the DA said.

On March 8, officers responded to the scene of a fatal overdose in West Babylon, according to court documents and to Fabrizio's statements.

Frank Cairo was discovered by his live-in girlfriend in his bed, while attending a virtual Narcotics Anonymous meeting via Zoom, prosecutors said. At the scene, officers recovered two bags — later determined to contain fentanyl, and a heroin-fentanyl mixture — three hypodermic needles, and a cell phone belonging to Cairo, the DA said.

A review of that cell phone revealed that the previous day, on March 7, Frabizio had sold Cairo the two packages of narcotics recovered by officers on the day of his death, the DA said.

On March 9, Frabizio communicated with an undercover officer, directing the undercover officer to go to the Sayville Motor Lodge located on Sunrise Highway in Sayville, the DA added. Once there, Frabizio sold one-eighth of an ounce of fentanyl and more than one-eighth of an ounce of cocaine to the undercover officer, prosecutors said.

During that purchase, the undercover officer observed additional quantities of what appeared to be narcotics inside the room, the DA said. Police maintained surveillance on the two while a search warrant was obtained for the motel room.

Frabizio was arrested after the execution of the search warrant, official said.Police recovered more than half an ounce of fentanyl, a quantity of cocaine, two digital scales and $3,839 in cash, which included $520 in pre-recorded buy money from the undercover transaction, the DA said.

Frabizio was not arraigned on the charges until March 16, as he was in the hospital.
At his arraignment, because the charges were not bail eligible under New York law, he was released on his own recognizance with the condition that he was placed on supervised release, the DA said.

Authorities were awaiting toxicology results at the time, and Frabizio was not yet able to be charged with criminal sale of a controlled substance leading to the death of another, the DA said.

“Under the bail reform laws passed in New York in 2019, we cannot seek bail for drug dealers,
even for selling deadly substances such as fentanyl, until after a death occurs,” said Tierney.
“It is unfortunate that this defendant was able to continue selling dangerous drugs following his
release from a drug arrest. Not only did this defendant sell a fatal dose of drugs to a client who
was desperately attempting to escape his own addiction, but this defendant continued to engage in his drug trade even after causing that death, and after having been placed on supervised release by the arraigning court. While sentencing will take the defendant off the streets, it will not bring the victim back.”

A little over than a week later, on March 25, Frabizio was arrested again on new felony charges, the DA said.

Utilizing several newly issued telephones, Frabizio, who was working with Joan Mangels, 40, of Amityville, contacted an undercover narcotics officer and again arranged to sell quantities of fentanyl and cocaine, prosecutors said.

The undercover officer communicated with both Frabizio and Mangels via text messages to make the arrangements and this time, the detective was directed to a different location in West Babylon, the DA said.

Once at that location, Frabizio and the co-defendant, acting in concert with one another, allegedly sold more than one-eighth of an ounce of fentanyl, as well as a quantity of cocaine to the undercover officer in exchange for $600, the DA said.

They were arrested mid-transaction and charged with a host of new felony narcotics offenses, prosecutors said.

A search of the West Babylon apartment by police resulted in the seizure of one-eighth of an ounce of fentanyl, one plastic bag containing a quantity of cocaine, and 29 blue round tablets which also tested positive for fentanyl, a cellular telephone that was later discovered to be the same phone number used to communicate with the undercover officer, and a digital scale, authorities said. An additional quantity of cocaine was found in Frabizio’s possession, the DA said.

Frabizio pleaded guilty on Sept. 22.

If you or a loved one is struggling with addiction and seeking help, call the National Drug Helpline: 844-289-0979, or visit their website here.