Arraignments set for suspects in alleged drug operation

Posted March 16, 2012, at 10:01 p.m.

BANGOR, Maine — Arraignments for four people indicted by a federal grand jury in connection with an alleged oxycodone distribution operation were set Friday in U.S. District Court in Bangor.

The co-defendants in the case are Barry Diaz, 29, of Stamford, Conn.; Jesse Morrison, 24, of Augusta; Amber Davis, 25, of Readfield; and Darlene Duran, 21, of South El Monte, Calif. Their hearings were scheduled for Friday in the courtroom of U.S. Magistrate Judge Margaret Kravchuk at the Margaret Chase Smith Federal Building.

According to the five-count federal indictment:

• Diaz — aka “Lucky” and “Tonny Delacruze” — and Duran between May 1 and May 6 of last year conspired with one another and other people to distribute and posses with intent to distribute mixtures or substances containing oxycodone and cocaine.

• Diaz and Davis conspired with each other and others on May 24, 2011 to distribute and posses with intent to distribute mixtures or substances containing oxycodone.

• Davis knowingly and intentionally possessed with intent to distribute a mixture or substance containing oxycodone on May 24, 2011.

• On Feb. 10, 2011, Diaz knowingly and intentionally distributed a mixture or substance containing oxycodone.

• On April 29, 2011, Diaz and Morrison illegally used a communication facility, namely a telephone, in the commission of an illegal act, specifically possession with intent to distribute a mixture or substance containing oxycodone and attempt to possess with intent to distribute a mixture or substance containing oxycodone.

An affidavit submitted to the court by a task force agent with the U.S. Drug Enforcement Administration, stated Diaz’s arrest — which led to the arrests of his alleged co-conspirators — was the result of information provided by a confidential source, who made a series of phone calls to Diaz to arrange for a drug buy. The calls were monitored and recorded by DEA agents.

Diaz and the source agreed to meet at a Maine business that was not named in the affidavit. The source was searched to make sure he or she was not in possession of drugs and provided with an electronic transmitting device and DEA funds to make the drug purchase. Agents arrested Diaz as he left the business.

If convicted, the defendants could each face up to 20 years in prison and fines of up to $250,000 — up to $1 million for Diaz — on the drug charges. They also could be ordered to forfeit to the government items purchased with proceeds from drug money.

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