Adams man gets probation for heroin possession, intent to sell
PITTSFIELD — An Adams man caught with almost 80 bags of heroin and marked money has been sentenced to a year of probation.
Ryan W. Garvey, 41, was the subject of a search warrant in December after he had sold drugs during a controlled buy, according to Assistant Berkshire District Attorney Joseph Yorlano.
During the search, a $20 bill, the serial number of which had been documented and used during a controlled purchase, was among the recovered evidence which also included 77 bags of heroin, a pair of digital scales and other dealer paraphernalia.
Yorlano acknowledged that the amount of drugs recovered from was not "the highest yield" in a drug case and he does not have "that lengthy" of a criminal record, but he felt probation was a fair sentence.
Garvey pleaded guilty in Berkshire Superior Court on Tuesday to one count of possession of heroin with the intent to distribute.
His attorney, Edmund St. John IV, asked Judge John Agostini to consider continuing his client's case without a finding, rather than sentence him to probation.
St. John said a conviction, even to probation, may interfere with Garvey's current employment opportunities and that he'd already taken advantage of counseling and treatment programs since his arrest.
He said Garvey was recovering from a 20- to 30-bag-a-day heroin habit.
Agostini adopted the state's recommendation, noting continuances are normally reserved for people with no criminal record, which does not apply in Garvey's case.
Yorlano noted prior convictions for violation of a restraining order in 2005 and assault and battery in 1999.
Agostini said Garvey also had a record from outside Massachusetts.
While on probation, Garvey must refrain from illegal drugs and submit to random testing.
The investigation was conducted by members of the Pittsfield, Dalton and North Adams Police Departments, 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.
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