News Release
FOR IMMEDIATE RELEASE
July 26, 2007

Brighton Man Convicted and Sentenced for Conspiracy, Possession and Distribution of Methamphetamine

JUL 26 -- Boston, MA... A Brighton man was convicted and sentenced yesterday in federal court on drug charges in connection with the sale of methamphetamine to undercover officers. June W. Stansbury, Special Agent in Charge of the Drug Enforcement Administration in New England, United States Attorney Michael J. Sullivan; and Colonel MarkDelaney, Superintendent of the Massachusetts State Police, announced that ANTONIO FORTUNY, age 50, of 260 North Harvard Street, Brighton, Massachusetts, pleaded guilty yesterday to three counts in a second superseding indictment charging him with conspiracy to possess with intent to distribute, and distribution of, methamphetamine, and possession with intent to distribute, and distribution of, methamphetamine. He was sentenced to 24 months’ imprisonment, to be followed by 3 years of supervised release.

At the plea hearing, the prosecutor told the Court that, had the case proceeded to trial, the evidence would have proven that on August 8, 2006, a Confidential Informant (“CI”) placed a call to (603) 858-2814 and spoke to Damien SMITH for the purpose of negotiating the sale of methamphetamine to two undercover officers (“UC-1" and “UC-2") from SMITH. This call was recorded and monitored by federal agents. During the call, SMITH indicated he was able to obtain pounds of methamphetamine from a source of supply based in Boston, MA. SMITH related further that the price for one ounce of methamphetamine would be between $1,800 and $2,200 dollars. SMITH agreed to meet with UC-1 and UC-2 and to distribute to them one ounce of methamphetamine.

Between August 8, 2006 and August 10, 2006, the CI placed and received calls and telephone text messages to and from SMITH for the purpose of negotiating the sale of methamphetamine to UC-1 and UC-2. These calls were not recorded or monitored by agents. On August 10, 2006, after several attempts to contact SMITH via (603) 858-2814, UC-1 received an unrecorded call from SMITH. SMITH related that he was in Boston and agreed to meet with UC-1 and UC-2. SMITH continued to communicate with UC-1 via unrecorded calls and telephone text messages and provided UC-1 with the directions to 260 North Harvard Street in Brighton, MA.

UC-1 and UC-2 then traveled to that location and met with FORTUNY, SMITH and Douglas TRIBLEY inside 260 North Harvard Street, Apartment #1. FORTUNY and TRIBLEY resided together at this location. During this meeting, TRIBLEY introduced UC-1 and UC-2 to FORTUNY. FORTUNY then distributed approximately one ounce of methamphetamine to UC-1 in exchange for $2,000 dollars. Both SMITH and TRIBLEY were present at various times and actively participated with the distribution. For instance, SMITH placed batteries in the scale used by FORTUNY to weigh the narcotics distributed to UC-1. And, TRIBLEY asked UC-1 and UC-2 several times if they had the money for the narcotics during the distribution. Additionally, UC-1 and UC-2 observed TRIBLEY to be smoking what they believed, based on their training and experience, to be methamphetamine. This meeting was recorded and monitored by agents.

The drugs sold and distributed on 8/10/06 were examined and analyzed by the DEA Northeast Laboratory, which issued a report of its findings. The report indicates that the drugs contained methamphetamine hydrochloride. The gross weight is reported as 52.3 g; the net weight is reported as 25.7 g; the concentration or purity is reported as 35%; the amount of the actual drug is reported as 8.9 g.

On August 22, 2006, UC-1 and UC-2 met with FORTUNY at 260 North Harvard Street, Apartment #1. UC-1 purchased approximately 2 grams of methamphetamine from FORTUNY inside the apartment in exchange for $150 dollars. During the purchase, UC-1 and UC-2 observed FORTUNY conduct what they believed, based on their training and experience, to be a narcotics transaction with several unidentified males, also present inside the apartment. Subsequent to that transaction, UC-1 and UC-2 negotiated for the future purchase of one pound of methamphetamine from FORTUNY, who stated the price would be approximately $1,800 dollars per once. This meeting was recorded and monitored by agents.

The drugs sold and distributed on 8/22/06, were also examined and analyzed by the DEA Northeast Laboratory, which issued a report of its findings. The report indicates that the drugs contained methamphetamine hydrochloride. The gross weight is reported as 26.3 g; the net weight is reported as 1.1 g; the concentration or purity is reported as 40%; the amount of the actual drug is reported as 0.44 g.

On September 21, 2006, a search was conducted of FORTUNY’s and TRIBLEY’s residence, located at 260 North Harvard Street, Apartment # 1, Brighton, MA, pursuant to a federal search warrant. During the search of FORTUNY’s bedroom, the agents recovered more methamphetamine and small amounts of other illegal substances, as well as an assortment of drug paraphernalia.

Damien SMITH, age 27, of 60 Charles Gate East, Boston, MA, and Douglas E. Tribley III, age 28, of 260 North Harvard Street, Brighton, MA, have also been charged for their role in connection with the sale of methamphetamine to undercover officers. Those charges are still pending. The case is being investigated by the Drug Enforcement Administration’s HIDTA Task Force and the Massachusetts State Police.