Mass. man sentenced to time served after being found with drugs in Barre

The state agreed to amend a felony count of fentanyl trafficking to selling fentanyl, and dismissed a felony count of burglary into an occupied dwelling with a deadly weapon and a misdemeanor count of unlawful trespass, per the plea agreement.

Mohamed’s co-defendant, identified in court records as Oheoghosa Osaigbovo, 23, of Saugus, Massachusetts, has pleaded not guilty to felony counts of burglary into an occupied dwelling with a deadly weapon and conspiracy to traffic fentanyl, as well as misdemeanor counts of unlawful trespass, possession of stolen property and giving false information to law enforcement. If convicted, Osaigbovo faces a maximum sentence of 62 years and three months in prison.

He has been held on $15,000 bail since his arraignment in early October and was housed at Northeast Correctional Complex in St. Johnsbury as of Tuesday morning.

According to court records, the owner of an apartment building on South Main Street called police on Oct. 2 to report someone was squatting in an apartment. Police said the apartment was supposed to be empty, but the owner reported it appeared it was being used for drug sales.

The owner reported he witnessed drug deals take place there while waiting for police to arrive, according to court records.

Police said they knocked on the apartment’s door, but no one responded. Police said a witness then told investigators two men were leaving through a back door. The pair, later identified as Mohamed and Osaigbovo, were taken into custody.

Police said on Mohamed, they found 37 bundles of suspected heroin or fentanyl, a 9mm handgun used to shoot blanks and other baggies suspected of being used for drug sales. On Osaigbovo, police said they found $1,025 in cash.

During Mohamed’s change of plea hearing Thursday, Deputy State’s Attorney Zachery Weight said the state was dismissing the burglary and unlawful trespass charges because the state had been presented with information showing the two men may have been been led to believe by another person that they were allowed to rent the apartment, even though it was supposed to be empty.

The prosecutor noted Mohamed has no prior criminal record.

Weight said because Mohamed has no ties to the community, it makes a sentence that includes probation more difficult in a case like this. He said if Mohamed were convicted of misdemeanors, the supervision would happen over the phone. With a felony, he said Mohamed would be on probation in Massachusetts, where those in Vermont wouldn’t know what’s going on with his supervision or if he’s abiding by probation conditions.

“In addition, 72 to 73 days for a 23-year-old who turned 24 two days ago while in prison is substantial,” Weight said.

The prosecutor said he hopes Mohamed doesn’t engage in this kind of behavior again, and asked Judge John Pacht to accept the plea agreement.

While Mohamed pleaded guilty to a felony, Judge Pacht pointed out Mohamed could get the conviction sealed later on if he doesn’t pick up more criminal charges in the future because he’s under the age of 25.

Mohamed was represented by attorney Avi Springer during last week’s hearing. Springer pointed out there were members of Mohamed’s family in the courtroom ready to take him back to Massachusetts. He said Mohamed was working before he was arrested, so the defense attorney was hopeful that he will have supports in place to help him move past this behavior. And Springer noted the “carrot” Mohamed has in possibly getting the conviction sealed if he stays out of trouble.

Mohamed apologized for his actions and said he wants to move on with his life. He said he wants to get into the construction business.

A hearing was held in his co-defendant’s case Tuesday. Osaigbovo was not in attendance for Tuesday’s hearing.

Weight reported the state is prepared to make the same offer to Osaigbovo, where he would plead guilty to a felony count of sale of fentanyl, the remaining charges would be dismissed and he would be sentenced to time served. The prosecutor noted the problem is, officials haven’t been able to nail down his identity.

When he was arrested, police said Osaigbovo initially told investigators his name was “Trent.” Police said Mohamed identified him as “Aweys” and the man later identified himself as “Aweys Qassim” or “Aweys Kassim.” Police said their counterparts in Massachusetts provided investigators with a mugshot of the man with the name Osaigbovo.

His attorney, Samuel Swope, said he referred to his client as Aweys Kassim because that’s how the man identifies himself.

Weight said an investigator with the prisoner’s right’s office contacted him and Swope reporting the man is claiming his identifying information referring to him as Osaigbovo in court records is wrong.

Weight said the man giving police false information about his name was the basis for that misdemeanor charge. He noted it appeared the prisoner’s right’s office has now proven that charge.

“However, the state is not going to enter into an agreement that gets him out of prison until we understand who he is,” Weight said.

The prosecutor said he has reached back out to law enforcement, who continue to report the man’s name is Osaigbovo. He said the state needs to see some form of identification from the man in order to move forward with the case.

Swope said he’s inclined to believe the man’s name is Aweys Kassim because he didn’t know what benefit the man would get at this point in continuing to give a false name. He said if the man’s name isn’t actually Osaigbovo, and that’s who gets convicted in court records, that would be a benefit to the man.

Weight said given the nature of the possible plea agreement, where the man pleads guilty and is released, the prosecutor didn’t want to delay a change of plea hearing. He said members of the man’s family would have to come to court with identification for the man in order for the plea agreement to proceed.

A hearing has been scheduled in the case for Dec. 28.

eric.blaisdell

@timesargus.com