Suffolk County District Attorney Raymond A. Tierney today announced that Joshua Guzman, 30, of East Patchogue, was indicted on additional charges, while other similar cases were already pending, for selling fentanyl and other narcotics to undercover police officers. Guzman is now charged with allegedly selling deadly carfentanil, causing the death of a 27-year-old man.
“What makes this case particularly troubling is that the defendant allegedly sold these fatal drugs days before he was admitted to a Judicial Diversion Program over the objection of my office,” said District Attorney Tierney. “This case underscores our ongoing concerns about the mandatory application of diversion programs in serious drug trafficking cases involving deadly substances like fentanyl and carfentil.“
Regarding the already-pending cases: On November 25, 2023, Suffolk County Police Department investigators conducting surveillance at a gas station located in East Patchogue allegedly observed Guzman drive into the parking lot, park next to the gas pumps and immediately jump into the front passenger seat of a 2015 Honda that was also parked there.
When police approached the Honda, Guzman exited the vehicle and allegedly tried to flee police on foot but was apprehended after a pursuit. He was allegedly found in possession of a quantity of fentanyl, cocaine, and an electronic stun gun. Guzman was arrested at the scene.
In an unrelated investigation, on March 21, 2024, and March 26, 2024, while the initial case was pending in court, Guzman allegedly sold a quantity of fentanyl and cocaine to an undercover police officer. He was arrested for those sales on March 29, 2024, and thereafter indicted.
On August 28, 2024, while both of those earlier cases were pending in court, the Suffolk County Police Department began an investigation into the fatal overdose of a 27-year-old man. While the investigation into the fatal overdose was underway, Guzman applied for and was accepted into the statutory Judicial Diversion Program (JDP) by Acting Supreme Court Justice Philip Goglas on September 4, 2024. The District Attorney’s Office opposed allowing Guzman entry into the JDP program, taking the position that Guzman’s drug sales made him a danger to the community and upstate incarceration was the only appropriate sentence for his offenses.
JDP is a program designed to provide those suffering from substance use disorder with the chance to avoid the ultimate consequences of a criminal conviction. JDP is designed to be utilized by defendants who have a verifiable substance use disorder and whose drug dependence is a legitimate contributing factor to defendant’s criminal conduct. Courts must determine that enrollment into the JDP program could effectively address the substance abuse and that institutional confinement would not be necessary for the protection of the public. Successful graduation from JDP can result in a dismissal of the felony convictions at issue, with no period of incarceration to be served.
The investigation into the fatal overdose led detectives, in December 2024, to identify Guzman as the one who allegedly sold the fatal batch of narcotics to the 27-year-old victim. Digital and electronic evidence revealed that the decedent had allegedly asked Guzman if he had any “food,” a term commonly used to refer to heroin or fentanyl. The defendant allegedly agreed to sell the decedent 2 grams of “food” in exchange for $140.
Toxicology and laboratory results showed the substance Guzman allegedly sold to the 27-year-old victim contained carfentanil. Carfentanil is used by veterinarians to anesthetize large animals, like elephants, and it is 100 times stronger than fentanyl. Shortly after that alleged sale, the 27-year-old ingested the fatal mixture and died.
On March 4, 2025, Guzman was arrested and charged for the alleged sale to the 27-year-old victim. At the time of his arrest, Guzman allegedly had the cellphone that he had used to negotiate the sale of carfentanil with the decedent on him.
On March 19, 2025, Guzman was arraigned on the indictment before Justice Goglas for Criminal Sale of a Controlled Substance in the Third Degree and Criminal Possession of a Controlled Substance in the Third Degree, both Class B felonies, stemming from the sale of narcotics that resulted in a fatal overdose.
Justice Golgas ordered Guzman held on $300,000 cash, $600,000 bond, and $3 million secured bond during the pendency of the case. Justice Goglas also ordered that a pre-sentence investigation report be prepared as to the pre-existing indictments.
Guzman is due back in court on April 23, 2025, and faces up to 12 years in prison if convicted on the top count. He is being represented by Stephen Wilutis, Esq.
This case is being prosecuted by Nicole Felice of the Narcotics Bureau, and the investigation was conducted by Detective John McGlynn of the Suffolk County Police Department’s Narcotics Squad.
Criminal complaints and indictments are merely accusatory instruments. Defendants are presumed innocent until proven guilty. No one is above the law.