New 'Death By Dealer' Law Would Mean Homicide Charges In ODs: DA

NORTH FORK, NY — Two drug dealers arrested and charged in connection with a string of overdoses, six fatal, that rocked the North Fork and Shelter Island over the past week were arraigned Thursday.

Lavain Creighton, 51, who lives on Front Street in Greenport, was arrested Wednesday at 6:20 p.m. at his home, Suffolk County Assistant District Attorney Jake Kubetz said. He was charged with six counts of third-degree criminal sale of a controlled substance, a felony, including the sale of narcotics that caused two fatal overdoses, Suffolk County District Attorney Tim Sini said.

Creighton, who was remanded to the Suffolk County Correctional Facility without no option for bail due to two prior convictions, faces a sentence of 54 years in jail if convicted on all charges, Sini said.

Sini said at least two of the other fatal overdoses may be linked to Creighton.

A second defendant, Justin Smith, 46, of Smithtown, was arraigned in Central Islip Thursday, Sini said, adding that Creighton reportedly received his drug supply from Smith, who was also found with drug paraphernalia.

Smith was charged with 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 is also charged with five counts of third-degree criminal possession of a controlled substance, a felony, and other lesser offenses in connection with a separate investigation; he was arrested and charged with the current offenses while out on bail, Sini said.

Smith was found with a half-ounce of fentanyl, 638 milligrams of cocaine, scales, a drug ledger, and more than 20,000 in cash, Sini said.

Because he is a "persistent felony offender," with two prior felony convictions, Smith faces a life sentence if convicted, Sini said. Bail was set Thursday at $200,000 cash, $500,000 bond, or $2.5 million partially secured bond with a bail source hearing, Sini said.

Additional charges may be filed, including manslaughter in the second degree, Sini said.

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.

"It's very simple, if you sold drugs and they cause death, you will be held liable," Sini said.

Discussing the two fatal overdoses Creighton's narcotics sales are reportedly linked to, Sini said on August 13, at 12:30 p.m., Southold Town Police responded to a fatal overdose on Rocky Point Road in East Marion; numerous text messages were reported on a phone belonging to the victim, known as "ML," and Creighton, with 13 sales from July 9 to August 12. A surveillance camera from a nearby business captured ML's car driven in the direction of Creighton's residence at 9:21 on August 12, he said.

A text exchange showed Creighton telling ML, who said he was with his dog, to "come up."

Another text, from a different person, came in later, saying, "I think there was fentanyl in that," Sini said. "Presumably, that text was received too late and he was already dead."

On August 13 t 10:16 p.m., Shelter Island Police responded to the scene of a fatal overdose on Shore Road, Sini said.

"SB" of Shelter Island, had messages on his cell phone from Creighton prior to his death" as well as numerous voice communications, Kubetz said.

Pridwin chef Swainson Brown died of an overdose on Shelter Island, but he was not specifically named in court, referred to only as SB. SB reportedly took a ferry from Shelter Island to Greenport, went to Creighton's home and back to the ferry in a span of 30 minutes, Kubetz said.

Powder recovered SB's his home also tested positive for narcotics, Kubetz said. The package was wrapped in foil, just like the evidence in the other undercover sales; Creighton admitted to using tinfoil, Kubetz 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.

Holding up photos of Creighton and Smith, Sini said anyone who has bought drugs from them should call a new, anonymous hot line, 631-852-NARC, to help law enforcement recover lethal drugs and potentially help to upgrade current charges to homicide-related charges, Sini said.

Southold Town Police Chief Martin Flatley said the two weeks have been long for the devastated families of those who died, the dispatch officers who "took the frantic 911 calls," the first responders that tried to administer Narcan, and the ambulance and fire departments that did the transports. "It takes a toll on everyone," he said. "Especially in small towns like Southold and Shelter Island."

Sini said drugs are more deadly now than ever, with fentanyl becoming commonplace.

"If you bought drugs, you are playing Russian roulette with your life," he said. "This is an incredibly dangerous drug market. Using drugs is dangerous. But using drugs in 2021 in the United States of America is a death wish."

Anyone who bought any powdery substance in recent weeks should "get rid of it," Sini said. "If you bought anything on the East End in the last week, the chance that you have bought lethal product is extremely high."

Lawmakers came together to urge passage of the "Death by Dealer" legislation in Albany. Kaminsky said the current laws are not commensurate with the gravity of the problem. Overdose deaths have increased 30 percent nationwide, he said, with the vast number of victims showing fentanyl in their bloodstreams.

"This bill will mean that if you kill people, you will be charged as the murderer you are — and if you add fentanyl you will be charged with an A-level homicide," Kaminsky said. "It's exactly like pulling a trigger at someone."

Assemblywoman Judy Griffin, Senator Anthony Palumbo, and Assemblywoman Jodi Giglio also all spoke out in favor of the law.

Giglio said: "We cannot wait another day. We cannot lose any more lives." She plans to call on the House speakers in the Senate and Assembly to convene an emergency session immediately to "adopt this bill tomorrow," she said. "We have to give the DA's office the tools to lock these people away and prevent them from taking any more lives."

Suffolk County Executive Steve Bellone agreed: "There has been too much heartbreak, too much pain." He thanked Suffolk County Legislators Al Krupski, Bridget Fleming, and Sarah Anker, as well. "Law enforcement is critical in this fight and it's important that law enforcement has all the tools it needs to win this battle," he said.

Creighton was arraigned on the charges in Southold Town Justice and is being represented by Lane Bubka; he is due back in court on Aug. 24. Smith was arraigned on the charges in Suffolk County District Court; he is being represented by Anthony Scheller and is due back in court on Aug. 23.

Earlier on Thursday, Creighton was led into the courtroom in a white tank-top style undershirt and green khaki shorts. He had five supporters in the courtroom; one woman left the room at various times, visibly upset.

Kubetz said the overdoses that occurred in Greenport, Southold and Shelter Island in the "span of a few hours" with "each strand" of the four deadly overdoses that began on August 13 leading back to a single individual, "the final link in a drug chain."

Creighton, Kubetz said, sold the drugs from his Greenport home.

An investigation has been ongoing since November, 2020 into Creighton, with undercover officers making cocaine purchases from Creighton, all wrapped in tinfoil, he said.

Creighton has an "extensive criminal history and drug trafficking spanning 20 years" as well as additional charges, including endangering the welfare of children, Kubetz said.

Bubka argued that Creighton was not a flight risk, had never missed a prior court date, and had family and friends in his lifetime home of Greenport; Bubka had asked that he be released on his own recognizance with GPS monitoring.

As he was led from the courtroom, Creighton's supporters called out, "We love you, Lavain."

Sini was joined by members of the District Attorney’s Office’s East End Drug Task Force and heroin task force, the Suffolk County Police Department, the Southold Town Police Department, the Shelter Island Police Department, Suffolk County Executive Steve Bellone and local officials at the press conference.

This week, a new, non-fatal ninth overdose, similar to those that took the lives of six people in Greenport and on Shelter Island last week, was reported, police said.

According to Southold Town Police Chief Martin Flatley, on Monday morning, a man, 34, from Laurel, was the latest to overdose on what is believed to have been cocaine laced with fentanyl.

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

Flatley said the string of overdoses was the worst the North Fork has seen "by far. Most years we don't have any fatal overdoses, maybe one, tops," he said.

A vigil was held Sunday at Mitchell Park in Greenport to mourn the six lives lost.