Rutland drug dealer held, another headed to rehab

BURLINGTON — A New York man who was one of more than a dozen defendants arrested recently as part of a major federal and state drug and gun sweep in Rutland County will remain behind bars pending trial in U.S. District Court, a federal magistrate ruled Tuesday.

But in a separate hearing, a Rutland County man was told he would be given a chance to try drug rehab one more time. Todd S. Popovitch, 38, has been featured in the media, including the Wall Street Journal about his success in a special Vermont drug rehabilitation program three years ago, but subsequently failed and is now facing federal gun and fentanyl charges.

Magistrate Judge John M. Conroy, citing a Pretrial Services Report, reluctantly agreed to give Popovitch another chance to get clean.

Meanwhile Conroy said Quadeim J. Mack, 19, of Brooklyn, New York, needs to remain in jail. Mack was involved in three sales of heroin or fentanyl in Rutland in December and was in his bedroom at 8 Sheldon Place last Wednesday when police seized a large quantities of both drugs and cash along with a loaded firearm.

Conroy said he considers Mack a danger to the community based on testimony and court records.

Federal and state investigators last fall began putting a special emphasis on illegal drug and gun cases in Rutland County and in the past few weeks more than a dozen defendants have been arrested on federal charges. More arrests are expected and at least five recently filed federal criminal cases remain under seal — a procedure requested by prosecutors until defendants are arrested.

Investigators, with a federal search warrant, seized about 134 grams of fentanyl in one package and 9 grams of fentanyl in another, along with about 50 grams of powder cocaine and 57 grams of crack cocaine from Mack’s bedroom last Wednesday, records show. The weights included some packaging.

Also seized was a loaded .22-caliber H&R Arms Co. revolver with 9 bullets in the bedroom, along with 91 bullets in a downstairs bathroom, State Police Detective Jeffrey W. Stephenson, who is assigned to a special FBI Task Force in Southern Vermont, said in a court affidavit.

Police also found suspected marijuana and related drug paraphernalia including wrappers, a bong, razor blades, a digital scale with white residue and several pieces of paper containing numbers, accounts and notes consistent with drug distribution and cell phones, Stephenson wrote.

Also impounded was a cellphone that had been used in setting up the three drug sales and $13,050 in cash — mostly in $20 bills, police said.

Mack has been under investigation for distribution of heroin, fentanyl and crack cocaine since late last year, records show. The defendant also goes by the street name “Matt” and has a distinct tattoo at the top of his left hand that says “Fear None.”

Conroy ordered Mack detained after listening to the testimony of State Police Detective Sgt. Jason Johnson, a supervisor with the Vermont Drug Task Force. Conroy noted Mack did not seem to have any employment and it was unknown why he was in Vermont.

Johnson testified that the fentanyl that was seized at Mack’s bedroom, would have been sold for an estimated $45,000 to $50,000. Under questioning from Assistant U.S. Attorney Matthew Lasher, Johnson said that made the fentanyl well beyond personal use.

Johnson, who identified seven photographs showing evidence taken during the raid, said Matt had mentioned he took heroin earlier in the day.

Assistant Federal Public Defender Steve Barth maintained Mack was not a danger if released and could return home and live with his mother, who was in the courtroom. Barth maintained his client had no criminal history.

Lasher said Mack’s criminal history shows some one or more convictions were expunged from his record on Jan. 16. He said the crimes were unknown.

During his federal court hearing Tuesday, Popovitch pleaded not guilty to a new 3-count indictment.

He was initially charged with a July 10 fentanyl distribution charge after his arrest by Vermont Drug Task Force, in conjunction with the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The new indictment added two counts for Popovitch: possession of a .22-caliber semiautomatic last month and attempting the illegal purchase of a firearm from a licensed gun dealer in December, records show. Popovitch falsely claimed he was not an unlawful user of controlled substances, the indictment said.

Conroy asked Popovitch, who was making his third court appearance in the case, why he should be given a chance at Valley Vista, a drug rehab program in Bradford. Conroy wanted to know what would be different this time and why he relapsed.

Popovitch said the loss of his sister didn’t help. She died from an overdose, news accounts said.

“I’m an addict. Kind of hard to fight,” said Popovitch, a West Rutland High School graduate.

Popovitch participated in a Windsor County drug program through the Vermont Attorney General’s Office, after he was arrested twice in eight days in 2016 for possession of heroin: one in Ludlow in Windsor County and one in Bellows Falls in Windham County.

Conroy said he would set strict release conditions, including Popovitch must successfully complete the Valley Vista program. He also is prohibited from possessing drugs, alcohol or weapons. He also is unable to leave Vermont or have contact with any potential witnesses.

Conroy said the case is assigned to Chief Federal Judge Geoffrey W. Crawford in Rutland. The deadline for pre-trial motions is April 23, Conroy said.