OSSIPEE — A drug dealer from Maine was sentenced last week by a Carroll County Superior Court judge to four to 10 years in prison.
Dylan Austin, 27, of Sanford, Maine, also received suspended time and a number of fines on other convictions as part of a plea deal.
The crimes to which Austin pleaded guilty on June 13 occurred in Conway on Jan. 17, 2018. They are: four counts of possession of controlled drugs, reckless conduct, falsifying physical evidence and sale of controlled drug.
Police became aware of Austin’s activities after getting a 911 call about an unconscious woman who overdosed at a residence in Conway and died.
A police affidavit filed by Conway Cpl. Dominic Torch said on Jan. 17, 2018, at about 6:30 p.m., he, along with officer Tomasz Tepper and Sgt. Michael Boucher, responded to a 911 medical call for a 24-year-old woman who had lost consciousness at a residence on Chase Avenue.
The woman, Cara Demarco, later was pronounced dead at Memorial Hospital.
Austin was not charged in connection with her death, but he did plead guilty to charges that he gave her drugs and placed her in danger by doing that.
Austin was represented by public defender Caroline Smith and prosecuted by Assistant Carroll County Matt Conley.
They were all in front of judge Amy Ignatius last Thursday.
He pleaded guilty to possessing a total of about 35 grams of heroin/fentanyl with the intent to distribute. According to the indictments read by Ignatius, police found Austin divided the drugs into various smaller quantities.
The charge of reckless conduct said Austin placed another person in danger of serious bodily injury by giving her fentanyl.
The falsifying evidence charge said Austin removed a backpack containing drugs from the crime scene and put it in his vehicle.
The sale of controlled drug charge says he gave a substance represented to be heroin to Demarco in an amount less than 1 gram.
On the lead charge, possession of controlled drug, he was sentenced to four to 10 years in prison. The sentence will be served concurrently to sentences he is serving in Maine for an unrelated case. This means that once he leaves incarceration in Maine he would come to New Hampshire to serve whatever time is left.
“On this charge, he is serving four years from today no matter what,” said Smith, who confirmed that Austin might have to serve even more time.
According to a Biddeford Journal Tribune story from January, Austin while at York County Jail in 2018 on “kidnapping, terrorizing and assault charges,” was indicted by a grand jury for trafficking contraband in prison.
The Journal Tribune said Austin was supposed to go to trial in February.
For the three other possession of controlled drug charges from Conway he was given a 10-20 year prison sentence that was all suspended for a decade.
The sale of controlled drug, falsifying physical and reckless conduct charges earned him more suspended incarceration in prison and jail but if imposed would be served concurrent to the possession sentences.
He was also given fines of thousands of dollars that were suspended for 10 years. It was unknown at press time how much the fines totaled because it was unclear if the fines were concurrent or consecutive to each other.
“I will tell you are facing tremendous risk once you complete all the served time which is a significant amount to be served,” said Ignatius to Austin last Thursday. “Once released you are facing a revenue risk of further incarceration.”
She said any slip-ups could cause the prosecution to impose suspended sentences. She said prosecutors do this “all the time” in her court.
According to the police affidavit, responding officers met up with Austin, who told them there was “no obvious reason” why Demarco would be unconscious, Torch noted.
“During the course of the investigation, Detective Ryan Wallace located the deceased’s cellphone,” wrote Torch. “He located an ‘app’ for a surveillance system.”
“Wallace reviewed the recorded footage and noticed that at (6:28 p.m.) Austin ran out the residence with a backpack on. At approximately 6:30 hours, he returns without the backpack.”
Wallace showed Austin the footage while Austin was sitting on the couch with his girlfriend, Shantel Rodriguez, 26. After seeing the footage, Austin’s body language reportedly changed, and he “hung his head and sat in silence.”
Austin said he had a marijuana pipe on him. Police separated Austin and Rodriguez. Austin told Torch he heard there were “stiff penalties” for marijuana in New Hampshire.
When Torch asked for “honesty,” Austin admitted to being a “heroin addict” and showed Torch he had 10 grams of heroin in his backpack, which he placed back into the car. He also told Torch the three of them had been using heroin all day.
He said he had taken a shower at 6:30 p.m. and then found Demarco lying on the kitchen floor.
Torch asked Austin about the quality of his drugs.
“He stated that he has good product and said, ‘I get what I get for a reason,’ or words to that effect,” said Torch. “I took that as boasting about the high potency of his product.”