Commonwealth v Mitchell O Martinez: Mitchell Martinez pleaded guilty before Dauphin County Judge John F. Cherry on January 11, 2016, to multiple felony offenses and received an aggregate sentence of 4 ½ - 12 years’ incarceration in a state correctional institution.
Factually, on March 5, 2015, Martinez was identified as an occupant in a vehicle that crashed. During a subsequent investigation, Martinez was found in possession of a syringe with heroin residue. As a result, Martinez was charged with Possession of Drug Paraphernalia. (This case was can be found at docket number CP-22-CR-2496-2015)
On July 23, 2015, Martinez delivered three bundles, or 30 bags, of heroin to a confidential informant in the area of 15th and Zarker Streets in Harrisburg city for $240.00. The Defendant was positively identified by multiple surveillance units from the Attorney General’s Bureau of Narcotics Investigation and Drug Control (BNI) Unit. As a result Martinez was charged with one count of Unlawful Delivery of a Controlled Substance. (This case was can be found at docket number CP-22-CR-4888-2015)
In July, 2015, the Harrisburg Police Department’s Organized Crime and Vice Control Unit was conducting their own investigation into Martinez. First, on July 22, 2015, a confidential informant called Martinez and ordered a bundle, or 10 bags, of heroin, and arranged to meet in the area of S. 16th and Market Streets. Surveillance units observed Martinez exit his residence at 12 S. 15th Street, walk to the confidential informant’s vehicle, and conduct a hand-to-hand drug transaction through the passenger window. It was later learned that Martinez did deliver ten bags of heroin to the confidential informant. Then, on July 28, 2015, a confidential informant called Martinez and ordered two bundles, or 20 bags, of heroin for $160.00. Martinez arranged to meet the confidential informant in the area of 16th and Market Streets in Harrisburg. Surveillance units observed Martinez exit his house at 12 S. 15th Street and get into a vehicle. Martinez instructed the confidential informant to follow him and both drove to the area of 1600 Chestnut Street. Martinez was then observed exiting his vehicle, approaching the confidential informant’s vehicle, and making a hand-to-hand transaction with the confidential informant through the driver’s-side window. It was later learned that Martinez did deliver twenty bags of heroin to the confidential informant. Lastly, given the two previous drug transactions, detectives obtained a search warrant to search Martinez’s room at 12 S. 15th Street. During the execution of this search warrant, detectives found Martinez in possession of $591.00. Additionally, in Martinez’s room, detectives found numerous used syringes and empty heroin bags, two cell phones (one of which was the cell phone used to arrange the two previous drug transactions), and a bundle of heroin with only eight bags left. Lastly, detectives found a loaded black Taurus .22 caliber revolver under Martinez’s mattress. It should be noted that Martinez pleaded guilty to a prior felony drug offense in 2007, which made it illegal for him to possess a firearm. (This case was can be found at docket number CP-22-CR-4890-2015)
As a result of the above conduct, Martinez was charged, and pleaded guilty to, two counts of Unlawful Delivery of a Controlled Substance, one count of Possession with Intent to Deliver a Controlled Substance, two counts of Persons Not to Possess a Firearm, and one count of Criminal Use of a Communication Facility.
All of the above cases were prosecuted by Deputy District Attorney Andrew J. Jarbola IV.
