One Victim Died of an Overdose
A Smithtown man was indicted for selling cocaine which contributed to a man’s death, and the near-fatal overdose of the woman, and for leaving the scene after one of the overdoses without contacting first responders or rendering aid to the victim who was overdosing.
On January 21, at approximately 10:00 a.m., Suffolk County police responded to a home in Smithtown where they found an unresponsive female lying unconscious on the driveway. The woman was transported to St. Catherine’s Hospital, where she was treated for a drug overdose and hypothermia.
Upon arrival to the emergency room, the victim’s body temperature was 82.8 degrees. However, because of the medical care she received, she was able to recover.
A search of the residence led police to a back apartment, where the body of a deceased male was discovered. Two plastic baggies containing residue were allegedly recovered from the apartment. The Suffolk County Crime Laboratory tested the residue from both bags. The results of testing indicated that the residue from one bag was cocaine, and the residue from the second bag contained fentanyl.
A review of home surveillance footage from the residence allegedly showed that on January 21, at 5:27 a.m., Keith DiBartolomeo, 51, pulled the unconscious female victim from her car and dragged her onto the driveway. After a brief attempt to wake the victim, DiBartolomeo is allegedly depicted leaving the female victim lying in the driveway despite frigid January temperatures while he went inside the house. Nearly four hours later, at 9:15 a.m., DiBartolomeo is allegedly depicted in surveillance footage walking past the victim, who was still lying on the driveway, getting into his car, and leaving the scene.
At 9:54 a.m., a tenant living in a separate area of the residence called 911 after discovering the woman lying on the driveway. That same 911 call led to the discovery of the deceased male victim found inside the apartment of the residence.
On February 16, members of the Suffolk County Police Department observed DiBartolomeo allegedly using a drug in the passenger seat of a vehicle. The officers placed DiBartolomeo under arrest and recovered two plastic bags containing a powdery substance from inside the vehicle. The Suffolk County Crime Laboratory tested the powdery substance and determined that it was
cocaine.
DiBartolomeo was arraigned on October 12 on the indictment by Acting Supreme Court Judge Anthony S. Senft Jr., for the following charges:
- third-degree criminal sale of a controlled substance , a Class B felony – for the sale of cocaine to the two overdose victims
- two counts of third-degree criminal possession of a controlled substance, both Class B felonies – one count for the cocaine sold to the two overdose victims in January and the other count for the cocaine possessed in February
- fifth-degree criminal possession of a controlled substance, a Class D felony – for cocaine possessed in February and an additional intent to sell charge
two counts of second-degree reckless endangerment, Class A misdemeanors – for not rendering aid to the overdose victims
Senft placed DiBartolomeo on supervised released with a GPS monitor during the pendency of the case. DiBartolomeo is due back in court on October 31.
“New York State’s 911 Good Samaritan Law encourages people to report their own overdose or another person’s overdose without the fear that they will be arrested,” said Suffolk County District Attorney Ray Tierney. “This law was created to help save lives. In this case, however, this defendant allegedly left two people without rendering them aid or even calling for help in a most cruel and callous display of disregard for human life.”