WILLIAMSPORT — This is an official press release from the U.S. Department of Justice (USAO - Pennsylvania, Middle), published as received.

WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that David Piaquadio, age 62, of Galeton, Pennsylvania, was found guilty yesterday following a non-jury trial of conspiracy to distribute Oxycodone, Fentanyl and Heroin, distribution of Oxycodone and Fentanyl, and attempted distribution of Oxycodone.

In finding him guilty of the four counts in the indictment, Chief U.S. District Judge Christopher C, Conner also found that on March 12, 2015 Piaquadio delivered Fentanyl to an individual who overdosed after using the drug.  According to Judge Conner’s memorandum, after receiving the Fentanyl from Piaquadio, the individual heated the drug on a spoon and then injected it.  The overdose victim was found by his mother unconscious with a syringe stuck in his right arm in close proximity to a metal spoon containing fentanyl residue.  In returning the guilty verdict, Chief Judge Conner found beyond a reasonable doubt that the use of the Fentanyl distributed by Piaquadio as charged in Counts 1 and 4 resulted in serious bodily injury to the individual who overdosed.  Based on that finding, at sentencing Piaquadio faces a 20-year mandatory sentence and a maximum sentence of life imprisonment.

In the memorandum filed in support of the verdict, Chief Judge Conner found that Piaquadio admitted that he and his girlfriend, Jane Flynn, who is deceased, sold between 100 to 120 Oxycodone tablets and one or two Fentanyl patches per month.  According to the memorandum, on the morning of March 12, 2015 the day he delivered Fentanyl to the overdose victim, Piaquadio filled a prescription for 150 Oxycodone tablets and 10 Fentanyl patches 

U.S. Attorney David J. Freed commended the efforts of first responders from Galeton Borough Police Department, Galeton Hose Ambulance, Medic 6, and the emergency medicine staff at UPMC Soldiers and Sailors in Wellsboro, Pennsylvania in treating the overdose victim who used Fentanyl supplied by Piaquadio.  Mr. Freed noted that Chief Judge Conner found that the overdose victim “suffered serious bodily injury in the form of a drug overdose that placed him at serious risk of brain death or physical death without medical intervention.”   

The federal investigation was conducted by the Office of Inspector General, U.S. Department of Health and Human Services and the Pennsylvania State Police, with the assistance of the Galeton Borough Police Department and the Potter County District Attorney’s Office.  Assistant United States Attorneys Geoffrey W. MacArthur and George J. Rocktashel were assigned to the prosecution of this matter.

This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of Heroin and Opioids like Fentanyl and Oxycodone.  Led by the United States Attorney’s Office, the Heroin Initiative targets Opioid traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

The maximum penalty under federal law for this offense is life imprisonment, a 20-year mandatory minimum sentence because the drug offense resulted in serious bodily injury, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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