BARRE — A second Massachusetts man has been sentenced to time served after being found with drugs and a gun at an empty apartment in the Granite City earlier this year.
Aweys Kassim, 24, of Springfield, Massachusetts, pleaded guilty on Dec. 28 in Washington County criminal court in Barre to a felony count of selling fentanyl. Kassim was sentenced to 84 to 85 days to serve, with credit for 85 days served.
The state agreed to dismiss a felony count of burglary into an occupied dwelling with a deadly weapon, as well as misdemeanor counts of unlawful trespass, possession of stolen property and giving false information to law enforcement, per the plea agreement.
Kassim had been charged as “Oheoghosa Osaigbovo” after initially telling police his name was “Trent” when he was arrested in Barre in October. Police said their counterparts in Massachusetts reported his name was Osaigbovo and included a mug shot that appeared to show Kassim.
His attorney, Samuel Swope, reported at the hearing on Dec. 28 that after speaking with Kassim and Kassim’s family, Swope was told Kassim had gotten in trouble when he was a teenager and gave police the Osaigbovo name, which was the name of friend. Swope said it appeared that name stuck in Massachusetts and is why police there identified him as such.
Deputy State’s Attorney Zachery Weight reported Swope provided the state with an expired identification card that shows the man’s name is Aweys Kassim. The man also testified under oath that his name is Aweys Kassim.
Kassim’s co-defendant, Abdulkadir Mohamed, 24, also of Springfield, Massachusetts, pleaded guilty on Dec. 14 to a felony count of selling fentanyl and also was sentenced to time served.
According to court records, police said on Oct. 2 the owner of an apartment building on South Main Street in Barre reported someone was squatting in an apartment. The apartment was reportedly supposed to be empty at the time. Police said the owner reported it appeared the apartment was being used for drug sales and the owner witnessed drug deals take place there while waiting for police to arrive.
Police said they knocked on the apartment’s door, but no one responded. A witness then told investigators two men were leaving through a back door, according to court records. Police said the two men were then 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 Kassim, police said they found $1,025 in cash.
At the Dec. 28 hearing, Weight echoed comments he made during Mohamed’s change of plea hearing earlier in the month. The prosecutor said because these two men are from Massachusetts, it makes a sentence that includes probation difficult. He said if they were convicted of misdemeanors, the supervision would likely occur over the phone. With a felony, he said they would be supervised in Massachusetts, with those in Vermont not knowing what’s going on with their probation and if they are abiding by conditions.
“Everyone who is on probation in Massachusetts from Vermont has never violated and is perfect, according to what’s been happening in our office. While people who are on probation here in our community are picking up violations even if they’re (minor) violations,” Weight said.
The prosecutor said if the two men were from this community, they likely would have been looking at a sentence that included probation without incarceration for the charges they were facing. But because they are from Massachusetts and a possible risk of flight, Weight noted they were ordered held on bail at arraignment.
Weight said 85 days behind bars for Kassim is substantial, and noted Kassim was incarcerated for Halloween, Thanksgiving and Christmas.
Judge John Pacht disagreed with Weight’s assessment. The judge said he didn’t want residents to think that if they are involved with drugs and guns that they are going to “get a free ride.” He said had Kassim been facing federal charges, he’d be looking at a mandatory minimum of five years in prison consecutive to any other charges he may have faced because a gun was involved.
“It’s one thing to be dealing,” the judge said. “It’s another to have guns connected to drug sales. … It’s just a really bad idea.”
Weight responded while Kassim may have faced prison time on the state charges if he were local, the prosecutor’s point was it wasn’t fair or just to place Kassim on probation because there’s no way for the state to actually oversee that supervision.
Judge Pacht noted because of Kassim’s age, Kassim could get the selling fentanyl conviction sealed later on under Vermont law if he doesn’t pick up more criminal charges going forward because he’s under the age of 25.
Swope said Kassim is young and the science says his brain is still developing. The defense attorney asked the judge to accept the agreement.
Kassim declined to speak when given the opportunity at the hearing.
Judge Pacht said he hopes Kassim works to get the conviction sealed, given his age and lack of prior criminal record.
eric.blaisdell
@timesargus.com
