Cleveland man indicted for selling fentanyl and heroin that caused fatal overdose in Fairview Park last summer

A Cleveland man was indicted for selling fentanyl and heroin that caused a fatal overdose in Fairview Park last summer.

Devontae Payne, 28, has been charged with one count of distribution of fentanyl and heroin, one count of distribution of heroin, one count of possession with intent to distribute a controlled substance and two counts of use of a communication facility to facilitate a felony drug offense.

Payne allegedly sold a mixture of fentanyl and heroin to a person who fatally overdosed in Fairview Park on August 9, 2018, according to the indictment.

Payne also allegedly sold heroin on November 1, 2018, and on November 7, 2018, allegedly possessed nearly five grams of a mixture of heroin and fentanyl, according to the indictment.

“Defendants like this one, who sell the opioids killing our friends and neighbors, will be held accountable for their actions,” U.S. Attorney Justin Herdman said. “The detectives and agents who worked this case are to be commended for their tenacity.”

This case was investigated by the DEA, Cleveland Division of Police and the Cuyahoga County Sheriff’s Department. It is being prosecuted by Assistant U.S. Attorneys Robert Corts and Vasile Katsaros.

If convicted, the defendants’ sentence will be determined by the Court after review of factors unique to this case, including the defendants’ prior criminal record, the defendants’ role in the offenses and the characteristics of the violations.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.