LOCKPORT – A man who is serving a state prison sentence in connection with a heroin overdose death is accused of selling the drug four times last fall, while he was awaiting sentencing.
Miguel E. Febres, 33, of Zimmerman Street, North Tonawanda, appeared in Niagara County Court Friday and pleaded not guilty to a 12-count indictment.
Febres was sentenced Nov. 16 to one to three years for tampering with physical evidence, which referred to the body of David C. Brandl, 22, of Lockport, who died of a heroin overdose in Febres’ apartment on the night of April 26-27.
Febres and two others hauled Brandl’s body to Mayor’s Park in North Tonawanda, where it was discovered the next morning by a National Grid crew.
Febres had pleaded guilty Aug. 2 and was out on bail when police began investigating alleged heroin sales.
Assistant District Attorney Peter M. Wydysh said Febres allegedly made four sales to a police informant, three of which were recorded on audio tape.
The dates were Oct. 2, 16 and 18 and Nov. 1. Later on Nov. 1, police raided Febres’ apartment and found 16 bags of heroin, allegedly packaged for sale, $875 in cash and a loaded handgun, along with Suboxone and hydrocodone pills.
The new indictment charges Febres with four counts of third-degree criminal sale of a controlled substance, five counts of fifth-degree criminal possession of a controlled substance, two counts of seventh-degree drug possession and one count of second-degree criminal possession of a weapon.
Febres is due for his first appearance before the Parole Board in June, according to Assistant Public Defender A. Joseph Catalano.
In another drug arraignment Friday, Cariorl D. Mayfield, 19, of Eighth Street, Niagara Falls, pleaded not guilty to third-, fourth- and seventh-degree criminal possession of a controlled substance and unlawful possession of marijuana.
He was arrested after an Oct. 13 traffic stop in the Falls, where he allegedly had cocaine and hydrocodone.
Also Friday, Farkas sentenced Willard Martin, 41, of 88th Street, Niagara Falls, to a year in the County Jail for felony driving while intoxicated.
Martin, who was arrested Aug. 24, 2011, at the Williams Road entrance ramp to the LaSalle Expressway in Wheatfield, pleaded guilty Aug. 4 but failed to show up for sentencing. A bench warrant was issued Jan. 18, and Martin was jailed without bail after he was hauled into court Feb. 28.