SMITHTOWN MAN INDICTED FOR SELLING COCAINE THAT ALLEGEDLY CONTRIBUTED TO TWO OVERDOSES, ONE OF WHICH WAS FATAL

(SUFFOLK COUNTY, N.Y.) – Suffolk County District Attorney Raymond A. Tierney today announced that Keith DiBartolomeo, 51, of Smithtown, was indicted for Criminal Sale of a Controlled Substance and other related charges, for selling cocaine which contributed to a man’s death, and the near fatal overdose of the woman, and for leaving the scene after one of the overdoses without contacting first responders or rendering aid to the victim who was overdosing.

“New York State’s 911 Good Samaritan Law encourages people to report their own overdose or another person’s overdose without the fear that they will be arrested. This law was created to help save lives,” said District Attorney Tierney. “In this case, however, this defendant allegedly left two people without rendering them aid or even calling for help in a most cruel and callous display of disregard for human life.”

According to the investigation, on January 21, 2023, at approximately 10:00 a.m., Suffolk County Police Department officers responded to a residence in Smithtown where they found an unresponsive female lying unconscious on the driveway of the residence. The woman was transported to St. Catherine’s Hospital where she was treated for a drug overdose and hypothermia. Upon arrival to the emergency room, the victim’s body temperature was 82.8 degrees. Fortunately, this medical care saved the victim’s life.

A search of the residence led police to a back apartment, where the body of a deceased male was discovered. Two plastic baggies containing residue were allegedly recovered from the apartment. The Suffolk County Crime Laboratory tested the residue from both bags. The results of testing indicated that the residue from one bag was cocaine, and the residue from the second bag contained fentanyl.

A review of home surveillance footage from the residence allegedly showed that on January 21, 2023, at 5:27 a.m., DiBartolomeo pulled the unconscious female victim from her car and dragged her onto the driveway. After a brief attempt to wake the victim, DiBartolomeo is allegedly depicted leaving the female victim lying in the driveway despite frigid January temperatures while he went into the residence. Nearly four hours later, at 9:15 a.m., DiBartolomeo is allegedly depicted in surveillance footage walking past the victim, who was still lying on the driveway, getting into his car, and leaving the scene.

At 9:54 a.m., a tenant living in a separate area of the residence called 911 after discovering the woman lying on the driveway. That same 911 call led to the discovery of the deceased male victim found inside the apartment of the residence.

On February 16, 2023, members of the Suffolk County Police Department observed DiBartolomeo allegedly using a drug in the passenger seat of a vehicle. The officers placed DiBartolomeo under arrest and recovered two plastic bags containing a powdery substance from inside the vehicle. The Suffolk County Crime Laboratory tested the powdery substance and determined that it was cocaine.

On October 12, 2023, DiBartolomeo was arraigned on the indictment by Acting Supreme Court Justice, the Honorable Anthony S. Senft Jr., for the following charges:

• Criminal Sale of a Controlled Substance in the Third Degree, a Class B felony – for the sale of cocaine to the two overdose victims; 
• Two counts of Criminal Possession of a Controlled Substance in the Third Degree, Class B felonies – one count for the cocaine sold to the two overdose victims in January and the other count for the cocaine possessed in February;  
• Criminal Possession of a Controlled Substance in the Fifth Degree, a Class D felony – for cocaine possessed in February and an additional intent to sell charge; and
• Two counts of Reckless Endangerment in the Second Degree, Class A misdemeanors – for not rendering aid to the overdose victims.

Judge Senft placed DiBartolomeo on supervised released with a GPS monitor during the pendency of the case. DiBartolomeo is due back in court on October 31, 2023, and he is being represented by Richard Kaufman, Esq.

This case is being prosecuted by Assistant District Attorney Lauren Golombek of the Narcotics Bureau, with investigative assistance from Detective John McGlynn from the Suffolk County Police Department’s Narcotics Section.

###

Criminal complaints and indictments are merely accusatory instruments.

Defendants are presumed innocent until proven guilty. No one is above the law.

725 Veterans Memorial Highway ● Building 77 ● Hauppauge, NY 11788 ● 631.852.3185

SuffolkCountyNY.gov/DA ● twitter.com/RayTierneyDA ● instagram.com/RayTierneyDA