State v. Ferguson

187 A.3d 865, 455 N.J. Super. 56
CourtNew Jersey Superior Court Appellate Division
DecidedJune 1, 2018
DocketDOCKET NO. A–2893–17T3; A–2894–17T3
StatusPublished
Cited by7 cases

This text of 187 A.3d 865 (State v. Ferguson) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Ferguson, 187 A.3d 865, 455 N.J. Super. 56 (N.J. Ct. App. 2018).

Opinion

CARROLL, J.A.D.

*867*59These appeals stem from the tragic death of a young New York man from a heroin overdose. In New Jersey, N.J.S.A. 2C:35-9(a) provides that "[a]ny person who manufactures, distributes or dispenses ... [a] controlled dangerous substance (CDS) classified in Schedules I or II ... is strictly liable for a death which results *60from the injection, inhalation[,] or ingestion of that substance, and is guilty of a crime of the first degree." New York has no comparable statute.

In these appeals, which we consolidate for purposes of this opinion, we address the issue of territorial jurisdiction in the context of the strict liability for drug-induced death statute. In A-2893-17, the trial court dismissed the strict liability charge against defendants Noel E. Ferguson and Anthony M. Potts, New York residents who allegedly purchased heroin from defendant Shameik Byrd in Paterson and later distributed some of the heroin to the victim in New York, where he died of an overdose. In A-2894-17, the trial court denied Byrd's motion to dismiss the same count of the indictment. The court found that, because Byrd allegedly distributed heroin in New Jersey that ultimately resulted in the user's death, Byrd's conduct fell within the purview of N.J.S.A. 2C:35-9(a).

Pursuant to leave granted, the State appeals the orders dismissing count fourteen of the indictment against Ferguson and Potts based on the State's failure to establish territorial jurisdiction in New Jersey, while Byrd appeals the denial of his dismissal motion. For the reasons that follow, we affirm the trial court orders.

I.

For the purpose of these appeals, the record is essentially undisputed. We glean the following facts from the indictment and the grand jury testimony.

On April 3, 2016, Kean Cabral, a resident of Warwick, New York, died in his home from a heroin overdose. Alongside his body, local police recovered several bags of heroin labeled "Trap Queen."

Shortly thereafter, Warwick police received an anonymous tip relating to Cabral's death. The information provided by the female caller corroborated the evidence found at the crime scene. In particular, the caller reported that Ferguson sold heroin with the *61logo "Trap Queen" to Cabral on April 2, 2016, and that Ferguson had purchased the heroin in Paterson. The caller added that Ferguson and Potts both sold heroin, and that they travelled to Paterson every two days to purchase the drug.

On April 4, 2016, Warwick police provided this information to a detective in the New Jersey Division of Criminal Justice. Two days later, police established surveillance and tracked Ferguson and Potts as they crossed from New York into New Jersey. The police followed the vehicle into an area of Paterson where Byrd resided with his mother and brother, Jerry Byrd.1 There, the police observed Jerry Byrd exit *868the home and engage in what appeared to be the sale of illicit drugs to Potts.

The police followed Ferguson and Potts out of the area before stopping their vehicle. Upon approaching their car, a detective observed in plain view "an empty glassine envelope with suspected heroin residue on the driver's side armrest." Ferguson, the driver, admitted there was heroin in the vehicle. She then retrieved a "small black plastic bag containing [fifty] glassine envelopes of suspected heroin," several of which were labeled "Trap Queen."

Ferguson and Potts were arrested, and both gave sworn statements to the police. Ferguson confirmed that she and Potts routinely purchased heroin in Paterson, and that on April 1, 2016, they had purchased heroin from an individual known as "Home Boy," who was subsequently identified as Byrd. Ferguson provided police with the cell phone number she called to arrange the heroin purchase. She also admitted that she and Potts later sold glassine bags of heroin to Cabral on April 1, and thirteen additional glassine envelopes on April 2.

Potts gave a similar statement, admitting to purchasing heroin from "Home Boy" in Paterson on April 1, 2016. He also confirmed *62that on that same evening, Cabral asked to buy heroin from him and Ferguson. Potts stated he then sold "ten glassine envelopes of heroin" to Cabral, and that he and Ferguson supplied Cabral with more heroin the next day.

On May 5, 2016, police searched Byrd's home in Paterson and recovered six "bricks" consisting of 300 glassine envelopes of heroin. They then called the cell phone number provided by Ferguson and observed a phone vibrating in Byrd's pocket. After Byrd confirmed it was his personal cell phone, the police seized the phone and placed him under arrest.

A State Grand Jury indicted defendants on October 21, 2016. The fourteen-count indictment charged defendants and Jerry Byrd with various crimes relating to the possession and distribution of heroin on divers dates. The present appeal focuses on count fourteen, which charges defendants with first-degree strict liability for drug-induced death in violation of N.J.S.A. 2C:35-9. Specifically, count fourteen alleges that defendants distributed heroin, and that Cabral died as a result of injecting, inhaling, or ingesting the heroin they distributed.

Defendants each moved separately to dismiss count fourteen on the basis that the State lacked territorial jurisdiction to prosecute the offense in New Jersey. In a comprehensive oral opinion, the judge granted the motion with respect to Ferguson and Potts, but denied the motion as to Byrd.

In his analysis, the judge focused on N.J.S.A. 2C:1-3(a)(1), which confers territorial jurisdiction in New Jersey when "[e]ither the conduct which is an element of the offense or the result which is such an element occurs within this State." The judge found that "no distribution occurred in New Jersey by either Ferguson [or] Potts." While Ferguson and Potts may have possessed heroin with the intent to distribute it while they were located in New Jersey, they did not actually distribute it here, which conduct N.J.S.A. 2C:35-9 renders unlawful when a death results. The judge concluded: "Because this [c]ourt finds that the distribution [and] ingestion of [heroin] and [Cabral's] death occurred in the State of *63New York, and none of those occurred in New Jersey, ... the charge of strict liability [for] drug induced death under [N.J.S.A.] 2C:35-9 as to defendants Ferguson and Potts must fail." *869The trial judge reached a different result as to Byrd. The judge rejected Byrd's contention that the exceptions embodied in subsections (b) and (c) of N.J.S.A. 2C:1-3 preclude New Jersey from exercising jurisdiction under N.J.S.A. 2C:1-3(a)(1). The judge found "there is jurisdiction here in New Jersey based upon the fact that the conduct which is an element of the offense occurred via Mr. Byrd's alleged distribution to Ferguson and Potts here in New Jersey." Relying on State v. Maldonado,

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Bluebook (online)
187 A.3d 865, 455 N.J. Super. 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ferguson-njsuperctappdiv-2018.