Robert Mauro Convicted of Manslaughter in the Second Degree and Criminal Sale of a Controlled Substance in the Third Degree
Suffolk County District Attorney Raymond A. Tierney announced on Oct. 18 that Robert Mauro, 40, of Miller Place, pleaded guilty to Manslaughter in the Second Degree, for recklessly causing the death of a 31-year-old Patchogue woman, and Criminal Sale of a Controlled Substance for selling fentanyl to his co-defendant James Carr, of Lake Grove, whose infant suffered serious physical injuries as a result of fentanyl poisoning in January 2024.
“This defendant pled to manslaughter after selling fentanyl that was so potent, it caused the fatal overdose of a 31-year-old woman and the near-fatal overdose of an infant. However, this case is an anomaly in the sense that law enforcement in New York cannot typically charge drug dealers with Manslaughter,” said District Attorney Tierney. “When it comes to addressing the devastating impact of drug overdoses, prosecutors can only work within the framework of the laws as they currently stand. It is therefore imperative that that we pass a ‘Death by Dealer’ statute to ensure that we are holding all drug dealers accountable for their actions when a death occurs, not just in limited circumstances.”
According to court documents and the defendant’s admissions during his guilty plea allocution, 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, “Baby 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.
Once at the hospital, “Baby Doe” was diagnosed with acute fentanyl poisoning, hypoxia, and respiratory failure and required additional doses of Narcan in the Pediatric Emergency Room. The child’s father, James Carr, was arrested on the same day and subsequently indicted by a grand jury for Assault in the Second Degree, Endangering the Welfare of a Child, and Criminal Possession of a Controlled Substance in the Seventh Degree. Carr’s charges are still pending.
A review of phone data recovered from Carr’s phone revealed that between January 4, 2024, and January 5, 2024, Carr was in contact with Mauro and they allegedly discussed a sale of narcotics. Mauro knew that the narcotics that he offered to sell to Carr were so strong that they had caused an overdose of an unidentified individual. On January 9, 2024, Mauro met with Carr in Miller Place and sold Carr a negotiated amount of fentanyl.
On January 29, 2024, while Suffolk County Police Department Fourth Squad detectives were conducting an investigation into the fentanyl poisoning of “Baby Doe,” Homicide Squad detectives responded to a fatal overdose that occurred at a home in Patchogue. At that location, law enforcement recovered from the scene the 31-year-old victim’s cell phone, and a quantity of fentanyl/4-ANPP. Fentanyl/4-ANPP is a precursor, or chemical, found in fentanyl mixes.
A review of the victim’s phone data showed that she too had purchased narcotics from Mauro. This sale occurred on January 28, 2024. A further review of the data showed that on January 26, 2024, the victim texted Mauro that she had not used heroin in over a year and was concerned about the substance she was going to buy.
She texted, “I’m not trying to drop dead” and asked, “is it really strong? Should I be concerned?” Mauro responded that “lol u will b fine” and that he would sell her a “non-fenty” mix, meaning narcotics without any fentanyl. That same day Mauro told an unidentified purchaser that his product was so strong that it put him out for a couple of hours.
An autopsy conducted by the Suffolk County Medical Examiner’s Office concluded that the female victim’s cause of death was acute intoxication due to the combined effects of fentanyl, fluro fentanyl, acetyl fentanyl, methoxyacytal fentanyl, xylazine, and buprenorphine.
Xylazine, also known as “Tranq” is a powerful sedative, commonly used by veterinarians to tranquilize large livestock, and is increasingly used by drug dealers as a “cutting agent” to increase their profits on their sale of drugs. Despite legislative efforts championed by DA Tierney, Xylazine is still currently legal to possess and sell in New York State.
On February 20, 2024, a search warrant was executed at Mauro’s home in Miller Place. During the execution of the warrant, Mauro 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 those items 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 showed that he was aware of how deadly his narcotics were. He told one contact that he was afraid to use it alone, texting “I have Narcan but I’m alone so I gotta wait and see wut these kids say.” On January 26, 2024, the same day he reassured the victim before her fatal overdose, he had a separate conversation with an unidentified purchaser where Mauro mentioned how potent the drug was after he tried it.
On October 17, 2024, Robert Mauro pleaded guilty to Manslaughter in the Second Degree, a Class C, felony and Criminal Sale of a Controlled Substance, a Class B felony, before County Court Judge Philip Goglas. Mauro is expected to be sentenced to the maximum indeterminate period of five to fifteen years upstate incarceration on the first offense, and a concurrent period of seven years determinate upstate incarceration on the second, to be followed by a period of two years post-release supervision.
Mauro is due back in court for sentencing on December 10, 2024. He is being represented by Matthew Tuohy, Esq.
This case is being prosecuted by Assistant District Attorney Danielle Davis of the Narcotics Overdose Team, Narcotics Bureau, and the investigation was conducted by Detective Paul Rutoulo of the Suffolk County Police Department Narcotics Section.
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