BURLINGTON – A federal judge has ordered a man from Rutland City, who was detained for drug abuse after a raid on his apartment in East Center Street.
Jonathon R. Gallagher, 38, did not file a bill of indictment on Friday in federal courts in Burlington as part of an ongoing investigation by the Vermont Drug Task Force and an FBI task force on drug trafficking in Rutland County.
The indictment, returned by a federal jury in Rutland on March 27, was unsealed on Friday after the drug investigators issued a search warrant for entering the first floor apartment in a red house on East East Street 30 near East Street had used. They said Gallagher shares the apartment with his living girlfriend.
Gallagher is accused of knowingly and intentionally possessing heroin to drive it out on January 19, 2017, the indictment said. It was part of a traffic block of the state police.
He is also charged with three cases of knowingly and intentionally distributing drugs: heroin on November 15 and November 29, 2018 and fentanyl on January 24.
Court papers do not state the amount of medication obtained on each sale or how much was paid for each transaction.
The search warrant notes that another sale of heroin took place on Tuesday in the apartment, but the product was tested positive for fentanyl and heroin, court records show. They point out that another confidential informant used for this sale reported that Gallagher sold heroin and crack cocaine from his residence.
Deputy US Attorney Joseph Perella said in court papers on Friday that Gallagher admitted "having a serious drug problem" on Friday after being arrested around 8:00 am, currently using heroin and cocaine bases and only needed it last night. "
He added, "The defendant also admitted that he had sold enough drugs to support his personal use."
Perella also said law enforcement officials found a box containing nearly 100 rounds of 0.222 rifle ammunition and about 50 rounds of 9mm ammunition in a small safe in a cupboard. Gallagher is not allowed to have ammunition because of a drug abuse conviction in 2013.
He pointed out that Gallagher is currently facing trials for drug offenses.
Perella asked the court to arrest Gallagher as a danger to the community and as a danger of flight. Perella said that there are no known conditions that could guarantee the appearance of Gallagher.
Defense attorney Robert Katims said he would not immediately refuse the detention order, but left the door open to return and seek a release that would include a drug rehabilitation facility.
Judge Christina Reiss said she agreed to arrest him because of several factors, including Gallagher's serious drug problem.
Katims asked him for 90 days to receive all of the government's evidence of the controlled purchases, phone calls, and reports.
Reiss stated that the deadline for investigations had been set on 18 July and deputy marshals had been ordered to arrest him.
Gallagher is known to police for various contacts over the years, including a transit station that shipped nearly 1,350 sacks of heroin on Route 7 in Mount Tabor near Danby on January 19, 2017, said the Vermont State Police. As the record shows, this case was rolled into the new indictment.
FBG agent Colin Simons said Gallagher was a passenger in the car and had a plastic bag with 951 sacks of heroin between his feet. Another 20 bags of heroin had been found on Gallagher, wrote Simons.
The soldier Cody Sholtes stopped a northbound Buick Century from 2004 for a speeding injury of about 13:00 clock. He stated in a sworn statement that he had been informed that the car had come from Massachusetts and possibly carried narcotic drugs.
The police say they found 1,347 bags of heroin weighing about 1.2 ounces after both men agreed to search themselves and the car, records show.
Sholtes said the drugs came from Holyoke, Massachusetts, a major distribution site. Along with the heroin, the officers said they had found several cell phones, syringes, Q-tips, and other items that suggested the men were users and intended to sell, records show.
Gallagher and the driver, Scott Racine, then 42 from Middlebury, were arrested on charges of illegal drug trafficking and heroin imports, the police said. She later did not plead guilty to the state's charges.
Detectives discovered last year that Gallagher may have been involved in other drug-related activities and have initiated another investigation, according to court records.