Fallsburg man convicted of heroin conspiracy

Posted 6/6/18

District Attorney Jim Farrell announced today that Ronald Smith, aka “Tubbs”, 44, of Fallsburg, N.Y. was convicted by unanimous jury verdict of Conspiracy in the 2 nd and 4 th Degrees, …

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Fallsburg man convicted of heroin conspiracy

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District Attorney Jim Farrell announced today that Ronald Smith, aka “Tubbs”, 44, of Fallsburg, N.Y. was convicted by unanimous jury verdict of Conspiracy in the 2nd and 4th Degrees, Criminal Sale of a Controlled Substance in the 2nd Degree, four counts of Criminal Possession of a Controlled Substance in the 3rd Degree and Tampering with Physical Evidence, all felonies, after a five day trial in Sullivan County Court. 

Farrell, who personally prosecuted this case, said the jury deliberated for about thirty minutes before rendering its verdict convicting Smith of all counts, late this afternoon.  Smith was arrested on September 18, 2017, at his apartment in the Laurel Garden Apartments after a lengthy investigation by the New York State Police Community Narcotics Enforcement Team (CNET).  The State Police narcotics unit was assisted in the investigation by the Fallsburg Police, the Sullivan County DA’s office, New York State Police BCI and uniform division at SP Liberty, Monticello Police, Liberty Police, Sullivan County Sheriff’s Office, the FBI Safe Streets Task Force, and the New Jersey State Police. 

Farrell said that the execution of a search warrant on September 18, 2017, revealed Smith’s possession of over 20 bricks of heroin (1,000 bags) in the apartment and 31 bricks of heroin (1,550 bags) in a stash location in the Village of Liberty.  During the course of the investigation, State Police also purchased approximately 900 bags of heroin from a co-conspirator and accomplice.  Smith was convicted of conspiring to sell over a ½ ounce of heroin, and possession of the heroin found in the apartment and the stash location.  He was also found guilty of offering for sale over a ½ ounce of heroin to an undercover police officer and tampering with physical evidence by throwing twenty bags of heroin out a bedroom window after the warrant team breached the door. 

“I am very pleased with the jury’s verdict and the swiftness in which they returned it.  The jury paid very close attention to all the evidence that was presented in this case.  The evidence in this case clearly established that this defendant was the head of a significant heroin trafficking organization that was responsible for putting thousands of bags of heroin on our streets.  All of these police agencies worked collectively to bring down this organization and stop the flow of heroin from New Jersey to Sullivan County.  The cooperation of these multiple agencies and the leadership of the New York State Police CNET unit in this case was beyond match.  We will continue to target those individuals who peddle this poison on our streets and seek to hold these individuals responsible and accountable through detection, investigation and prosecution,” Farrell said. 

Sentencing has been scheduled for August 10, 2018, before County Court Judge Frank LaBuda, who presided over the trial.  Smith must mandatorily be sentenced as a second felony offender and may additionally face persistent felony offender treatment, as he has been previously convicted of five different drug felonies including, Criminal Possession of a Controlled Substance in the 4th Degree, a class C felony, in 2012 in Orange County Court; Criminal Sale of a Controlled Substance in the 5th Degree, a class D felony, in Kings County Court in 2006; Criminal Possession of a Controlled Substance in the 3rd Degree: Narcotic Intent to Sell, a class B felony, in 2001 in Sullivan County Court; Criminal Possession of a Controlled Substance in the 5th Degree, a class D felony, in 1999 in Sullivan County Court; and Criminal Possession of a Controlled Substance in the 5th Degree, a class D felony, in 1998 in Sullivan County Court.  Farrell said that Smith received a state prison sentence on each of his prior felonies but now faces a potential for an enhanced sentence as a persistent felony offender.  Smith was also on parole for his most recent drug conviction when the conspiracy commenced in February of 2017.  Smith faces a maximum of 25 years to life as a persistent felony offender and Farrell said his office will likely seek an enhanced sentence for Smith for his leadership role in the conspiracy to distribute heroin and the sale of heroin in this case.  “There comes a time when enough is enough and Smith has demonstrated that, when he is at liberty in the community, he is a clear and present danger to our community.  As a result of this jury’s conviction and the hard work of  all of law enforcement in this County, my office will seek to put Mr. Smith out of the heroin business forever,” Farrell said.

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