Local Crack And Heroin Case To Move To County Court

By: Ashley Babbitt

Local crack and heroin case to move to county court

NORWICH – Two young men – 19 and 20 – appeared in Norwich City Court Thursday for a felony hearing following their arrest on drug charges July 20, 2015. At the conclusion of the proceedings, both were remanded to the local jail “until further proceedings.”

Javonte Schwartz, 19, and Jared S. Quackenbush, 20, were charged with criminal possession of a controlled substance in the third degree, a class B felony; criminal possession of a controlled substance in the fifth degree, a class D felony; and loitering in the first degree, a class B misdemeanor. Schwartz was additionally charged with the class A misdemeanor of criminal possession of a controlled substance in the seventh degree.

The purpose of a felony hearing is to show evidence and hear testimony to determine whether or not a felony was committed, and if the there is reasonable belief that the defendant/s committed said felony.

The arresting officers in the case took the stand as witnesses for the prosecution.

Schwartz was represented by Assistant Public Defender Aaron Dean and Quackenbush was represented by Assistant Public Defender Pat Mavady.

Assistant District Attorney Thomas Bowen represented the prosecution.

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The first witness called by Bowen was Norwich Police Department Sergeant Justin Carpenter. Carpenter said he has been employed with the NPD for nine years. After identifying both defendants in the courtroom, Carpenter explained how the arrest of the two ensued the night of July 20, 2015.

Carpenter said he was working in the north zone of the city when approached by two pedestrians. The sergeant said that the two informed him that there were drugs being sold behind the nearby hotel.

Carpenter said he would not give the names of the individuals in open court, as they were informants. “I have gotten information from them before,” said Carpenter. “They said drugs were being sold behind [the hotel].”

Dean asked Carpenter if the pedestrians were witnesses or actual Confidential Informants. Carpenter again testified that he would not say their names, nor would he give a number with regard to the amount of times the said individuals provided him with information.

Judge James Cushman asked the witness on the stand if the two were in fact actual Confidential Informants with the department or if they were merely witnesses.

The judge made the determination that the two were not in fact informants and that Carpenter had to answer the questions regarding them.

Carpenter said they were two females. “Sierra Taylor was one,” the sergeant said, “and I can’t remember the other.” Carpenter said he was told there was a subject by the name of ‘QT’ involved in drug activity behind the hotel. He added it was a vague statement, and the females did not provide specifics.

After the interaction with the witnesses, Carpenter said NPD officer John Wonka went on foot to check doors and the vicinity. Carpenter said he continued his patrol in the north zone.

When asked what time this took place, Carpenter said he could not recall, but that it was dark. He also did not recall the route he took on his patrol, which he said was not out of the ordinary as he works a 12-hour shift with plenty of driving.

Carpenter continued explaining the lead-up and arrest by saying that he received via text that Wonka was in the area of the alley near the aforementioned area, and Carpenter responded to the scene.

Wonka testified that he had begun foot patrol in the West Park and made his way through an alley. Once he neared the end of the alley, he said he noticed some suspicious activity.

“I saw Quackenbush exit the apartment door and look around nervously,” said Wonka. “Then I saw Javonte step out and look both ways. They yelled at her [Taylor] to come upstairs. She said he didn’t want to come upstairs because she didn’t get want to get robbed again, and it wasn’t her money.”

Wonka said it was then that he approached the scene and told all three individuals to stand against the wall until Carpenter arrived. Once Carpenter arrived, Wonka said his duty was to be the cover officer, to ensure Carpenter’s safety.

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Carpenter said he then conducted the “street interviews.”

Carpenter said Schwartz was cooperative, and he verbally consented to a search. According to Carpenter, Schwartz said he had no weapons on him, and nothing illegal.

“A corner wrap of crack-cocaine fell out of his pants into his left shoe,” said Carpenter. He said he was certified to test what was located, and it tested positive for cocaine. Carpenter said Schwartz also admitted it was crack.

Carpenter said it was worth $50. “A corner wrap of crack cocaine is very, very small,” said Carpenter.

Carpenter said after he mirandized Schwartz, Schwartz said he was going to sell the crack to Taylor.

Carpenter said Quackenbush additionally gave verbal consent to a search, and nothing unlawful was found on his person.

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