Accused Norristown Heroin Dealer's Conviction Overturned: Court

NORRISTOWN, PA — A Norristown business owner convicted on charges that he brought loads of heroin into Montgomery County hidden in car batteries has had his sentence vacated, the Pennsylvania Superior Court ruled last week.

The court upheld an appeal from Pacheco's attorneys that argued that the method of cell phone tracking used by law enforcement to get a conviction was illegal. Police to did not have a warrant to use "real-time" tracking of his phone, which allowed them to know his location for a period of about 120 days.

During the trial, Pacheco's team filed a motion to have the evidence gained from the tracking suppressed. The trial court initially denied the motion, which the Superior Court ruled was a mistake.

Pacheco, of East Norriton, owns D&J Towing in Norristown. He had more than 3 kilos (6.6 pounds) of heroin on him when he was arrested back in Feb. 2016, which is equivalent to a street value of more than $1 million.

His arrest was the culmination of a nine-month investigation between several different agencies throughout the region.

Pacheco was originally sentenced to 40 to 80 years behind bars in Nov. 2017 on a wide variety of charges, including numerous counts of possession with intent to deliver, dealing in proceeds of unlawful activity, and related counts.

In vacating the sentence, the Superior Court sent the case back to Montgomery County, where it will proceed. The county could choose to appeal the Superior Court decision in turn.

The "Operation EverStart" investigation and surveillance of Pacheco, headed up by Montgomery County Detectives, revealed a criminal conspiracy to acquire, transport, store and distribute heroin in the United States and Montgomery County, the DA said.

Since April 2015, Pacheco was identified as a primary subject in the investigation, and since September 2015, detectives documented at least nine trips made by Pacheco to service wholesale heroin buyers in New York City, the DA said.

The investigation revealed that each time Pacheco drove to Atlanta, he received kilos of heroin in retrofitted, working car batteries, which he drove to Montgomery County, then to Bronx, N.Y.

Upon being paid for the heroin in New York City, he would return to Georgia with the cash.

Pacheco's deliveries of heroin occurred between mid-September 2015 and January 10, when he was arrested.

Pacheco smuggled the heroin to Montgomery County for later distribution to others in Bronx, N.Y. Pacheco was arrested on Jan. 10 at the King of Prussia toll plaza of the Pennsylvania Turnpike with 3.012 kilos of a white substance that when analyzed by National Medical Services was determined to be heroin.

Stay tuned for more details as they become available.