TWO MEN INDICTED IN CONNECTION WITH NEAR-FATAL FENTANYL POISONING OF INFANT; ONE ALSO INDICTED IN CONNECTION TO FATAL OVERDOSE OF WOMAN

(SUFFOLK COUNTY, N.Y.) – Suffolk County District Attorney Raymond A. Tierney today announced that Robert Mauro, 39, of Miller Place and a 35-year-old Lake Grove man[1] were indicted for numerous crimes related to the fatal overdose of an adult female and the near-fatal overdose of a child.

“It is heartbreaking to see a defenseless and innocent child become yet another casualty of a deadly illegal drug. What is more outrageous is that the child’s father is alleged to have placed his own son in close proximity to such poison,” said District Attorney Tierney. “Then, two weeks after that baby nearly died from ingesting fentanyl, the same dealer is alleged to have sold the same to a Patchogue woman who was not as fortunate as the child and lost her life. Senseless and tragic results such as these will continue to occur in our communities until the legislature enacts real drug reform.”

According to the investigation, on January 13, 2024, members of the Suffolk County Police Department and the Ronkonkoma Fire Department responded to a 911 call reporting a non-responsive infant on Colmar Avenue in Lake Grove. When they arrived, “John Doe,” an 11-month-old infant, had turned blue, his eyes were rolled toward the back of his head, and he was having extreme difficulty breathing. Due to his serious condition, the ambulance that was transporting the boy to the hospital had to pull over during the transit so a MedCat Emergency Medical Technician (EMT) could board the ambulance to provide additional lifesaving care to the infant. The child had stopped breathing for an extended period of time on the way to Stony Brook University Hospital and had been unresponsive for approximately 40 minutes. When the medics inside the ambulance determined that the symptoms the child was exhibiting were from opiate poisoning they quickly acted and provided the baby with a quantity of Narcan in each nostril. Five minutes after the administration of Narcan, he took a full breath on his own and began to cry.

Once at the hospital, the 11-month-old child was diagnosed with acute fentanyl poisoning, hypoxia, and respiratory failure and required additional doses of Narcan in the Pediatric Emergency Room. After his admission to the Pediatric Intensive Care Unit, the infant was placed on a Narcan drip in order to prevent recurrent respiratory failure due to the opioid poisoning. The child’s father was arrested on the same day, however, he was released from jail without bail because his charge was considered non-bail eligible under current New York State law, meaning prosecutors could not ask for, and the judges could not set bail.

A search of the Lake Grove residence was conducted by the Suffolk County Police Department, and investigators allegedly recovered a straw containing cocaine, 4-ANPP, heroin, and fentanyl residue, a digital scale containing cocaine, heroin and fentanyl residue, and a plastic bag containing cocaine residue.

A review of phone data recovered from John Doe’s father’s phone revealed that on January 4, 2024, and January 5, 2024, he was allegedly in contact with Mauro where they discussed a sale of narcotics where Mauro allegedly offered to sell narcotics to John Doe’s father. Mauro allegedly knew that the narcotics that he intended to sell John Doe’s father had caused an overdose previously. Over the next few days John Doe’s father actively sought out the drugs from Mauro. On January 9, 2024, Mauro allegedly sold the drug to John Doe’s father, just four days before the infant ingested a near fatal dose of fentanyl.

On January 29, 2024, while Suffolk County Police Department Fourth Squad detectives were conducting their investigation into John Doe’s father and Mauro, Homicide Squad detectives responded to a fatal overdose that occurred at a home in Patchogue. At that location, law enforcement recovered from the scene was the 31-year-old victim’s[2]  cell phone, and a quantity of fentanyl/4-ANPP.

A review of the victim’s phone data showed that she had purchased narcotics from Mauro on January 26, 2024, and January 28, 2024.  Mauro allegedly told the victim that he would sell her a “non-fenty” mix, meaning narcotics without any fentanyl. An autopsy conducted by the Suffolk County Medical Examiner’s Office concluded that the female victim’s cause of death was a mixed drug intoxication of acute intoxication due to the combined effects of fentanyl, fluro fentanyl, acetyl fentanyl, methoxyacytal fentanyl, xylazine, and buprenorphine.  

On February 20, 2024, a search warrant was executed at Mauro’s home in Miller Place. During the execution of the warrant, Mauro allegedly attempted to destroy evidence by throwing a digital scale and a quantity of fentanyl/4-ANPP out of his bedroom window into the snow, but were recovered by law enforcement, as well as suboxone pills and Mauro’s cellphone.  

A review of the digital evidence recovered from Mauro’s phone allegedly showed that he communicated with the victim on the day that she overdosed. Also, in a separate text communication with another person, Mauro allegedly described how strong his drugs were when he ingested them, causing him to be “knocked out” for hours.

Mauro was indicted for:

• One count of Manslaughter in the Second Degree, a Class C felony;
• Two counts of Criminal Sale of a Controlled Substance in the Third Degree, Class B felonies;
• Three counts of Criminal Possession of a Controlled Substance in the Third Degree, Class B felonies;
• One count of Criminal Possession of a Controlled Substance in the Fourth Degree, a Class C felony;
• One count of Tampering with Evidence, a Class E felony;
• One count of Criminal Possession of a Controlled Substance in the Seventh Degree, a Class A misdemeanor; and
• One count of Criminally Using Drug Paraphernalia, a Class A misdemeanor.

John Doe’s father was indicted for:  

• One count of Assault in the Second Degree, a Class D violent felony;
• One count of Criminal Possession of a Controlled Substance in the Seventh Degree, a Class A misdemeanor; and
• One count of Endangering the Welfare of a Child, a Class A misdemeanor.

On April 29, 2024, both defendants were arraigned on the indictment before Acting Supreme Court Justice Karen M. Wilutis.

Justice Wilutis ordered Mauro and John Doe’s father remanded during the pendency of the case. Mauro is due back in court on May 14, 2024, and he is being represented by Matthew Touhy, Esq.

John Doe’s father is due back in court on May 16, 2024, and is being represented by Scott Lockwood, Esq

This case is being prosecuted by Assistant District Attorney Danielle Davis of the Narcotics Bureau.

###

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