Calling illicit drug use an extremely serious public health threat, Suffolk County District Attorney Timothy D. Sini provided details of the arrests of two alleged dealers in recent drug deaths on the East End, including one on Shelter Island.
In the past two weeks, the North Fork and Shelter Island experienced several drug overdoses from cocaine laced with fentanyl resulting in five deaths in Southold Town and the death of Swainson Brown, 40, here on Shelter Island.
Lavain Creighton, 51, of Greenport, was arraigned Thursday in Southold Justice Court after being arrested Wednesday at his Front Street home and charged with six counts of 3rd degree criminal sale of a controlled substance, Sini said, “including two sales which caused the death of two victims of fatal overdoses on August 13.”
Creighton was remanded without bail and if convicted faces up to 54 years in jail, Sini said. He may face charges in two other fatal overdoses, which are still under investigation, Sini said.
Also arrested was Justin Smith, 46, of Smithtown, who was charged with one count of 3rd degree criminal possession of a controlled substance, one count of 7th degree criminal possession of a controlled substance, and two counts of 2nd degree criminally using drug paraphernalia, Sini said.
Sini described Smith as a “discretionary persistent felony offender,” a status that reflects a prior criminal record that includes two felony convictions. As a result, he faces up to life in prison if convicted, Sini said. At his arraignment in Suffolk County District Court on Thursday, bail was set at $200K cash, $500K bond or $2.5 million secured bond, Sini said.
Smith also has a pending case, Sini said, where he was charged with six counts of 3rd degree criminal possession of a controlled substance, and “lesser included offenses. In that case a half-ounce of fentanyl, 38 mg of cocaine, and over $20,000 in case was recovered along with a drug ledger.”
In that instance, Smith was released on bail, meaning he allegedly committed the new offense while out on bail, Sini said.
The two men remain under investigation for the two deaths that were the basis of their arrests, Sini said, as well as other recent East End drug overdoses, fatal and non-fatal, and that homicide-related charges may be brought, such as 2nd degree manslaughter.
“Our message is clear: If you are selling drugs in Suffolk County and you kill someone, we will hold you accountable,” Sini said. “It is extremely important that we get the message out. Creighton and Smith potentially could have sold drugs to numerous individuals on Long Island.
Sini urged anyone who purchased drugs from either of these individuals to call the anonymous tips line, 631-852-NARC.
“This will help us recover lethal drugs from our community and protect further people,” he said.
A collaborative effort
Sini, a former Suffolk County Police Commissioner, made the announcement at the DA’s office in the Arthur M. Cromarty Criminal Complex in Riverhead, where he was surrounded by top brass from Suffolk County’s law enforcement community.
Flanking him were assistant district attorneys who worked the case, representatives from Suffolk County and East End police departments, including Shelter Island Chief of Police James J. Read, Jr. and SIPD Detective-Sergeant Jack H. Thilberg, Southold Chief of Police Martin Flatley, and East Hampton PD Det/Sgt Dan Toia. Also present were state and county legislators.
“The law enforcement officials you see here today and many other people behind the scenes put together a case in a matter of days to take these two dangerous individuals off the streets,” Sini said.
Also present were members of the DA’s East End Drug Task Force and Heroin Task Force, Suffolk County Executive Steve Bellone, acting SCPD Police Commissioner Stuart K. Cameron, and Under Sheriff Steven J. Kuehhas.
“It was critical that these drug dealers be taken down as rapidly as possible,” said Cameron. “Essentially, they were selling poison. People did not know that these drugs may contain fentanyl and they would unintentionally overdose.”
Cameron said fentanyl is sometimes added to other drugs as a cheap enhancement, but is “extremely dangerous.”
“Law enforcement has never worked more collaboratively, and I’m incredibly proud of that,” Cameron said. “We are 100 percent on the same page.”
Southold’s Chief Flatley said “it’s been a long two weeks for the residents of Southold and Shelter Island. It’s been an extremely long two weeks for the families of the deceased.”
Flatley also noted the impact that overdose deaths have on service personnel, including volunteer ambulance crews. “It takes a toll on everyone, especially in a small town like Southold and Shelter Island.”
Two overdoses on August 13
Sini said two of the charges against Creighton were linked to deaths reported in Southold and Shelter Island on August 13.
In the Southold case, the victim — identified by the initials M.L. — was found dead around noon in an East Marion residence of an apparent drug overdose.
The victim’s phone had 13 telephone messages with Creighton that, Sini said, “were consistent with narcotics sales” between July 9 and August 12. Other evidence included images from a surveillance camera, geo-location data from M.L.’s phone and a text message exchange, placed M.L. in the vicinity of Creighton’s residence around 9:20 PM on August 12, the DA said.
“Of note, M.L. received a text message from another individual that stated ‘I think there was fentanyl in that.’ Presumably, that text message was received too late and he was already dead,” Sini said.
The second fatal overdose linked to the criminal charges related to an individual identified by Sini with the initials, S.B. — presumed to be Swainson Brown. About 10:16 PM on August 13, members of the SIPD responded to the scene of a fatal overdose.
On August 12, Sini said, there are records of outgoing calls to Creighton from S.B., as well as ferry tickets that indicate S.B. took a round trip on the North Ferry departing the Island at 9:18 PM, placing a call to Creighton’s phone, and then returning from Greenport on the 10 PM boat.
Police found the victim’s telephone as well as a package of white powder wrapped in tin foil that matched packaging from undercover purchases made by police from Creighton, Sini said. “Further evidence revealed that Smith was the alleged supplier of Creighton,” he added.
“The investigation into Smith’s role with respect to the fatal overdoses is ongoing,” he said.
‘An incredibly dangerous drug market’
On August 18, Suffolk County law enforcement officials conducted a search at Smith’s residence that Sini said recovered cocaine, two digital scales, packaging material, a drug ledger, almost $3,000 and five cell phones.
“We moved swiftly to gather all of this evidence,” Sini said, “to take take these two individuals off the street.”
Sini said he cannot say whether more fentanyl-tainted cocaine may be in circulation in the East End community.
“It’s very difficult to quantify, which is why we wanted to show these mug shots, get their names and face out to the public, get the tip line out there, so people can start providing us with more information,” he said. “Clearly, if you bought drugs from either one of these individuals, you’re playing Russian roulette with your life.”
“We’ve been seeing fentanyl put into heroin and other drugs for many years now,” he said. “It is becoming commonplace. Now, we’re even seeing fentanyl in cocaine, which is frankly bizarre because the two work against each other in terms of the intended high.”
“This is an incredibly dangerous drug market,” he said. “Using drugs is dangerous. Using drugs in 2021 in the United States of America is a death wish and we need to get this message out … especially if you’re buying on the East End in the last several weeks. The chances that you have bought lethal product is extremely high.”
‘Death by Dealer’ statute
Sini switched gears to talk about a proposed “Death by Dealer” statute that has been introduced in the NYS Senate by Todd Kaminsky, who represents the 9th district on the South Shore of Long Island. Read the proposed law here.
Kaminsky was present and spoke, as did Anthony Palumbo, who represents the 1st state senate district, including Shelter Island; and state assemblywomen Judy Griffin, 21st District, and Jodi Giglio, 2nd District. They’re co-sponsors of Kaminsky’s legislation.
Sini noted that since 2020 in Suffolk County there have been over 400 opioid related fatal overdoses.
“As we all know, we remain in the midst of an opioid epidemic,” he said. “Of course, we need to continue to invest in our prevention efforts, access to quality treatment and recovery, but law enforcement plays a critical role in the fight against this scourge.”
“Part of that effort is to hold drug dealers accountable for the death and destruction they cause in our communities,” he said.
Currently, 2nd degree manslaughter is the most serious charge that can be brought against a drug dealer when a customer overdoses, Sini said, and then only under certain circumstances. The Suffolk County DA’s office leads the state in bringing 2nd degree manslaughter charges in such instances, Sini said, and has had four convictions during his tenure.
But, he argued, more needs to be done to deter such criminal behavior in the first place. The threat of a homicide charge could prove to be such a deterrent, Sini said.
Kaminsky’s bill, with bi-partisan sponsorship, “will give prosecutors in my office and across the state, the tools we need to bring appropriate charges against drug dealers who are recklessly selling drugs and causing death,” Sini said.
“Is it going to stop all drug dealing? Of course not, but I truly believe a Death by Dealer statute would have a significant impact on public safety here in Suffolk County and throughout the state,” he said.
“We simply can’t allow drug dealers to kill our friends, our family and our neighbors.”
What Shelter Islanders can do
Shelter Island’s Swainson Brown was a long-time chef at The Pridwin Hotel before it closed for renovations. He was lately known among Islanders as the baker of amazing breads that he sold through various outlets during the pandemic. Friends and family have been posting remembrances on his Facebook page.
At a recent Town Board work session, SIPD Chief Read reminded Islanders that their first obligation in a suspected overdose is to call for help. Police and EMS carry NARCAN, but it’s only effective if administered soon after an overdose.
And, New York’s “Good Samaritan Law” shields individuals from charges related to an overdose if they attempt to help the individual and make a timely report to police, he said.
