PITTSFIELD — A city man who was arrested on heroin charges twice within three weeks last year has been sentenced to up to 5 1/2 years in prison.

Nicholas J. Konton, 25, was observed by police selling heroin three different times in a series of controlled purchases between May 12 and 23, prosecutors said. Some of the sales activity was captured on surveillance video, which was embedded in the car of an informant.

The purchases were made at various locations in Pittsfield, including the Dunkin' Donuts parking lot on Fourth Street.

One of the locations was within 300 feet of a pre-school, said Assistant Berkshire District Attorney Gregory Barry, who prosecuted the case.

When he was arrested, Konton was found with about 110 bags of heroin and four cellphones in his vehicle, police said.

In June, Konton was arrested again after state police, who had been conducting routine surveillance in the area, spotted what appeared to be drug activity between two cars in the Dunkin' Donuts parking lot.

Troopers continued their surveillance and saw Konton enter the restaurant's bathroom, followed by two other men. All three exited shortly afterward and were arrested.

Konton was found with about $320 cash and 70 bags of heroin.

He pleaded guilty in Berkshire Superior Court on Monday to five counts of distribution of heroin, two counts of possession of heroin with intent to distribute, four counts of drug violations within a drug-free school zone and four counts of conspiracy to violate drug laws.


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The sentence recommendation was the result of an agreed-upon plea deal.

Konton's defense attorney asked Judge John Agostini to consider staying that sentence for 30 days so his client could attend to child care and other family matters.

Agostini declined, noting Konton's prior criminal record made it appear it would be more likely than not that, "something bad will happen," during the month he'd otherwise be out of custody.

He will serve his sentence at the Massachusetts Correctional Institution at Cedar Junction.

The investigations were conducted by members of the Pittsfield Police Department, the Berkshire County Sheriff's Office, state troopers assigned to the District Attorney's Office and members of the Berkshire Law Enforcement Task Force.

Contact Bob Dunn at 413-496-6249.