MONTICELLO, NY — A man who allegedly sold fentanyl that killed an infant last year was arrested six months later for selling drugs at the Monticello Inn.

Jacob McCoy, 50, was found guilty after a three-day trial in July on two felony counts of criminal possession of a controlled substance in the third degree, said Sullivan County District Attorney Brian Conaty. He confirmed to the River Reporter he is the same Jacob McCoy who was arrested for selling the fentanyl that killed baby Akasha Luvert at the Knights Inn in Liberty on May 2, 2023.

McCoy’s first arrest, in May 2023, went unprosecuted. His second arrest, in November 2023, went to trial in July.

“He was obviously arrested for the Akasha Luvert death and got out because of bail reform, ultimately,” Conaty said.

He said he hasn’t yet prosecuted the first charges against McCoy because the subsequent charges were “a much cleaner and simpler case to prosecute than trying to establish a causation for the other case from him selling the drugs and causing a death.”

The jury found that on November 28, 2023, McCoy possessed one-half ounce of the narcotic drug fentanyl with the intent to sell it. McCoy, who has three prior felony convictions, is due to be sentenced on September 25. He faces up to nine years in state prison.

This case was prosecuted at trial by Conaty with the assistance of Assistant District Attorney Halley Hiatt. McCoy was represented by attorney Matthew Mahan.

“I want to thank District Attorney Brian Conaty for aggressively pursuing this case,” said Sheriff Mike Schiff. “The defendant has a long record of distributing poison on our streets. It is time that he is held accountable.”

The DA’s ‘Fentanyl Five’

After McCoy’s first arrest last year, Conaty vowed to pursue charges to the greatest extent against the four people arrested in connection with Akasha’s death, which included her parents and grandmother. He bumped up the charge against the parents, from the original criminally negligent homicide charge to second-degree manslaughter, and a grand jury indicted the parents on that charge. 

“I am the chief law enforcement officer in the county, and my office has been and will continue to be at the forefront of the battle to end the opioid epidemic once and for all,” said Conaty in a press conference following the arrests in connection with Akasha’s death. “I will not tolerate anybody who seeks to sell fentanyl for their own personal gain at the expense of the entire Sullivan County community.”

Conaty said his office would pursue a “Fentanyl Five” policy: His prosecutors would seek a minimum of five years’ incarceration for anyone arrested for selling fentanyl. 

McCoy’s initial arrest followed an investigation into the source of the drugs that killed Akasha. Steve D’Agata, the Village of Liberty police chief, at the time said a search of McCoy’s room at the Monticello Inn turned up crack cocaine, fentanyl, and MDMA.

McCoy was arrested on May 3, 2023, and charged with multiple counts of criminal possession of a controlled substance, including three counts of third-degree criminal possession of a controlled substance with intent to sell, criminal use of drug paraphernalia, and tampering with physical evidence.

Also arrested were Jimmie Luvert and Lisa Keitt, Akasha’s parents, who were charged with second-degree manslaughter for allegedly using fentanyl in the presence of Akasha and her brother, and for leaving out the fentanyl that Akasha ingested. Lisa Ferdico-Vizard, Akasha’s maternal grandmother, was arrested on May 12, 2023, and charged with two counts of endangering the welfare of a child for allegedly smoking crack cocaine in the Liberty Inn room in the hours before Akasha’s death. The parents and grandmother have not been prosecuted.

Drug dealing in county housing

McCoy made all of his court appearances following his initial May 2023 arrest. He appeared six times before he was arrested again on many of the same charges. 

Conaty told the River Reporter he had gotten word from the sheriff’s office that McCoy was still selling drugs out of the Monticello Inn. The sheriff’s office obtained a search warrant by buying drugs from him a couple of times. When they searched his room, they found more than two ounces of fentanyl, Conaty said.

Both the Monticello Inn and the Knights Inn are under contract with the Sullivan County Department of Health and Human Services to provide shelter for people without housing.  

The motels sit at the intersection of the county’s housing and drug crises. Previous reporting by the River Reporter documents the history of drug use and dealing at the motels. Two other people were arrested for drug-related offenses at the Monticello Inn at the time of McCoy’s second arrest. 

At the July meeting of the Sullivan County Legislature’s Health and Human Services Committee, the department’s commissioner, John Liddle, said his “number one goal right now” is to “get out of the hotel business,” and to get people into housing that is “as safe as possible.”

Related stories

See the following related stories at riverreporter.com:

“Charges in fentanyl death of child”

“Housing shortage and opioids combine to create Sullivan County’s greatest crisis”

“Safety failings found in child’s overdose death”

“Repeat offender who sold fentanyl, crack cocaine at DSS housing is convicted”