Prior felon charged with gun and drug charges

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Derrel Austin, 46, of Niagara Falls, NY, was arrested and charged by criminal complaint with possession with intent to distribute 40 grams or more of fentanyl, and being a felon in possession of a firearm. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.

Assistant U.S. Attorney Donna M. Duncan, who is handling the case, stated that according to the complaint, in October 1995 and October 2009, Austin was convicted of multiple felony charges in Erie County Court, including kidnapping and manslaughter. On February 17, 2022, New York State Parole and Niagara Falls Police officers went to Austin’s residence to conduct a home visit. Officers knocked and announced for several minutes. During this time, an individual, later determined to be Austin, was seen exiting the residence onto the fire escape carrying several bags, which were left on the fire escape. A short time later, Austin went back inside the residence and opened his apartment door for officers. Wearing a bathrobe, Austin claimed that it took him so long to answer the door because he was in the shower. During the execution of the parole search, officers recovered the bags from the fire escape, which contained suspected cocaine, suspected fentanyl, suspected Suboxone, and drug paraphernalia, a handgun, and multiple rounds of ammunition. Investigators also noted that the shower in the residence was dry.

The complaint is the result of an investigation by the New York State Department of Corrections and Community Supervision, under the direction of Commissioner Daniel F. Martuscello III, the Niagara Falls Police Department, under the direction of Superintendent Nicholas Ligammari, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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