Drug Dealer Indicted On Manslaughter Charges After LI ODs: DA

NORTH FORK, NY — A drug dealer charged in connection with a string of overdoses, six fatal, that rocked the North Fork and Shelter Island was indicted Friday on manslaughter charges for causing two fatal overdoses, Suffolk County District Attorney Tim Sini said.

Lavain Creighton, 51, of Greenport, was also indicted for selling drugs to a third person who died of a fatal overdose, Sini said.

Creighton was charged with two counts of second-degree manslaughter, a felony; seven counts of third-degree criminal sale of a controlled substance, a felony; and seven counts of third-degree criminal possession of a controlled substance, a felony, Sini said.

“As we’ve said numerous times, we need to hold drug dealers accountable for the death and destruction they are causing, and that is precisely what this indictment does,” Sini said. “This defendant was on notice that there was something in the product he was allegedly selling that was not right after receiving a text message from one of his customers indicating that the substance may have been something other than cocaine. He did not warn his customers, nor did he stop selling that product, which is the epitome of recklessness.”

The DA's office, in conjunction with Southold Town Police Department, Shelter Island Police Department and Suffolk County Police Department as well as the East End Drug Task Force heroin task force conducted an investigation into four fatal overdoses that occurred on or about Aug. 13, Sini said.

The investigation revealed evidence that Creighton sold the lethal drugs that caused two of the fatal overdoses and had sold drugs to a third individual who died of a fatal overdose, Sini said.

The investigation also included an analysis of surveillance video at Creighton’s residence and cell phone analyses, which revealed that Creighton had sold drugs to the three who died on Aug. 12, Sini said.

At 9:26 p.m., Creighton received a text message from one of those who died, whose initials were S.A. that said, "Yo, I think that stuff is cut with something weird. Having trouble keeping my eyes from movin' around, giving me the spins. Just wanted to warn you," Sini said.

At 9:27 p.m., Creighton responded “ok,” Sini said. Creighton sold the narcotics to a person with the initials M.L. between 9:25 p.m. and 9:26 p.m., and sold them to a victim with the initials S.B. at 9:31 p.m., Sini said.

S.A., M.L. and S.B. all died of overdoses on Aug. 13; Sini said. Toxicology report revealed the presence of cocaine and fluorofentanyl, a fentanyl analog, Sini said.

“This is why we need a death by dealer statute,” Sini said. “We are being innovative in how we investigate and charge these cases — our office is a leader in the state on both of those fronts —but we shouldn’t have to rely on additional evidence like that text message to hold a drug dealer accountable for killing someone. We need a statute that says if you sell drugs and you kill someone, you are held liable for that death.”

There are three additional fatal and several non-fatal overdoses that occurred on the East End in August 2021 that are still actively under investigation, Sini said.

Creighton was arrested on Aug. 18, police said.

Creighton was arraigned on the indictment in front of Suffolk County Supreme Court Justice John Collins Friay and bail was set at $500,000 cash, $5 million bond, or $5 million partially-secured bond, Sini said.

He is being represented by Lane Bubka and is due back in court on Oct. 15, Sini said.

If convicted of manslaughter, Creighton faces a maximum sentence of five to 15 years in prison on each count; Creighton faces a maximum sentence of up to nine years in prison on each of the other offenses if convicted, Sini said.

The investigation also revealed that Justin Smith, 46, of Smithtown, was a supplier of narcotics to Creighton, Sini said. He was indicted on charges of third-degree criminal possession of a controlled substance, a felony; seventh-degree criminal possession of a controlled substance, a misdemeanor; and two counts of second-degree criminally using drug paraphernalia, a misdemeanor, Sini said. Smith was arraigned on the indictment Thursday in front of Suffolk County Supreme Court Justice Timothy Mazzei and bail was set at $25,000 cash, $50,000 bond, or $50,000 partially-secured bond, Sini said. He is being represented by Anthony Scheller and is due back in court on Sept. 13.

At a press briefing, Sini said the opioid epidemic continues; in 2020, Suffolk County had 400 opioid-related overdoses, he said. Drug dealers, Sini said, "must be held accountable for the death and destruction they cause in our community." He added, "We need better laws."

New "Death by Dealer" legislation has been proposed by Senator Todd Kaminsky that would mean, if a dealer sold drugs that resulted in death, they would be facing charges of homicide in either the first or second degree, Sini said. Penalties would be a minimum of 15 years to life and a maximum of 25 years to life, Sini said.

Sini thanked all law enforcement for acting swiftly to get the two men off the street.

"The message is clear. If you are selling drugs in Suffolk Couty and you kill someone, we will hold you accountable," he said.

The rash of overdoses led to six deaths on the North Fork and Shelter Island over eight days.

Vigils have been held to mourn the lives lost.