LI Man Sold Carfentanil That Caused Man's Fatal Overdose: Suffolk DA

SUFFOLK COUNTY, NY — An East Patchogue man was indicted in connection with selling drugs that caused a man's fatal overdose, Suffolk County District Attorney Raymond Tierney said Thursday.

Joshua Guzman, 30, was indicted on additional charges, while other similar cases were already pending, after he was accused of selling fentanyl and other narcotics to undercover police officers, prosecutors said. Guzman is now being accused of selling deadly carfentanil, causing the death of a 27-year-old man, investigators said.

"What makes this case particularly troubling is that the defendant allegedly sold these fatal drugs before he was admitted to a Judicial Diversion Program over the objection of my office," Tierney said in a news release. "This case underscores our ongoing concerns about the mandatory application of diversion programs in serious drug trafficking cases involving deadly substances like fentanyl and carfentanil."

Regarding a pending case, on Nov. 25, 2023, Suffolk County Police Department investigators surveilled a gas station in East Patchogue and observed Guzman drive into the parking lot, park next to the gas pumps and immediately jump into the front passenger seat of a 2015 Honda that was also parked there, authorities said.

When police approached the Honda, Guzman exited the vehicle and tried to run away but was apprehended after a foot chase, officials said. He was found in possession of a quantity of fentanyl, cocaine, and an electronic stun gun, the DA said. Guzman was arrested at the scene, officials said.

In an unrelated investigation, on March 21, 2024, and March 26, 2024, while the initial case was pending in court, Guzman was accused of selling a quantity of fentanyl and cocaine to an undercover police officer, prosecutors said. He was arrested for those sales on March 29, 2024, and then indicted, the DA said.

On Aug. 28, 2024, while both of those earlier cases were pending in court, the Suffolk County Police Department began investigating the fatal overdose of a 27-year-old man, authorities said.

Guzman was identified as the man who sold the fatal batch of narcotics to the man, detectives said.

Digital and electronic evidence found that the man who died had asked Guzman if he had any "food," a term commonly used to refer to heroin or fentanyl, the DA said. Guzman agreed to sell the man two grams of "food" in exchange for $140, prosecutors said.

Toxicology and laboratory results showed the substance Guzman sold the man contained carfentanil, investigators said.

Carfentanil is used by veterinarians to anesthetize large animals, like elephants, and it is 100 times stronger than fentanyl, the DA said. Shortly after the sale, the 27-year-old ingested the fatal mixture and died, authorities said.

While the investigation into the fatal overdose was underway, Guzman applied for and was accepted into the statutory Judicial Diversion Program (JDP) by Acting Supreme Court Justice Philip Goglas on Sept. 4, 2024, Tierney said.

"The District Attorney’s Office opposed allowing Guzman entry into the JDP program, taking the position that Guzman’s drug sales made him a danger to the community and upstate incarceration was the only appropriate sentence for his offenses," the DA's Office stated.

JDP is a program designed to provide those suffering from substance use disorder with the chance to avoid the ultimate consequences of a criminal conviction, the DA's Office wrote.

"JDP is designed to be utilized by defendants who have a verifiable substance use disorder and whose drug dependence is a legitimate contributing factor to defendant’s criminal conduct," the office wrote. "Courts must determine that enrollment into the JDP program could effectively address the substance abuse and that institutional confinement would not be necessary for the protection of the public. Successful graduation from JDP can result in a dismissal of the felony convictions at issue, with no period of incarceration to be served."

On March 4, Guzman was arrested and charged in connection with the sale to the 27-year-old man, officials said. At the time of his arrest, Guzman had the cellphone that he had used to negotiate the sale of the carfentanil with the man in his possession, prosecutors said.

On March 19, Guzman was arraigned on charges of third-degree criminal sale of a controlled substance; and third-degree criminal possession of a controlled substance, both class B felonies, stemming from the sale of narcotics that resulted in a fatal overdose, Tierney said.

Guzman was ordered held on $300K cash, $600K bond, and $3 million partially secured bond while his case pends. The judge also ordered that a pre-sentence investigation report be prepared as to the pre-existing indictments.

Guzman is due back in court on April 23 and faces up to 12 years in prison if convicted on the top count. He is being represented by Stephen Wilutis.