A Hanover man pleaded guilty last week to selling prescription drugs laced with fentanyl to a township man who later died of an overdose, a deal that significantly shortened the time he may spend in jail.
Anthony Dello-Russo, 27, pleaded guilty to first-degree strict liability for drug-induced death and second-degree possession with intent to distribute a controlled dangerous substance, cocaine. Dello-Russo accepted a plea deal from prosecutors that reduces the first degree to a second degree for sentencing purposes, giving him a total of seven years in prison: five years for the strict liability charge and seven years for the possession charge, which would run concurrently .
Dello-Russo faced a total maximum sentence of up to 30 years.
The 28-year-old victim had arrived at Dello-Russo’s home in Whippany, an unincorporated community in Hanover, on Feb. 14, 2023, around 8 p.m., Dello-Russo said in court June 5 before Superior Court Judge Ralph Amirata. . The victim, identified only by his initials, bought the cocaine and immediately went home about 2 to 3 miles from Dello-Russo’s home, said Peter Gilbreth, Dello-Russo’s attorney.
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The next day, the victim was found dead by his mother in the house.
Gilbreth said his company hired several experts, including one who determined it was “clear” the victim died as a result of the fentanyl-laced cocaine Dello-Russo sold him. Text messages between the two men showed that they had spoken before the drug deal, and experts using cell phone data determined that the victim had spent a total of 40 minutes from the time he arrived at Dello-Russo’s home until his return home. Records showed the victim had not gone anywhere else that night, Gilbreth said.
The victim’s death was the result of an overdose caused by a combination of cocaine and fentanyl, according to Tara Wang, assistant prosecutor in Morris County. Fentanyl is a synthetic opioid that can be 100 times more powerful than morphine.
In order to charge someone with the crime of drug-induced death under strict liability, prosecutors must prove that the drug that caused the death was sold by an individual and that it led to the death of another. State law does not require the charge to include intent to kill.
Gilbreth requested that his client, who is a college graduate, serve a prison sentence in a minimum security prison. While Amirata said he could potentially include that in the sentencing papers, it is up to the Department of Corrections to determine an inmate’s classification.
Several other charges against Dello-Russo, including distribution charges, were dismissed as part of the settlement.
His sentencing is scheduled for July 26.
Email: lcomstock@njherald.com; Twitter: @LoriComstockNJH or on Facebook.
This article originally appeared in the New Jersey Herald: Morris County NJ man pleads guilty to overdose death in 2023
