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Two Charged with Smuggling Heroin into Attica

Buffalo, NY (WBEN) A federal grand jury hands up indictments charging an Attica Correctional Facility inmate and his wife with possession of heroin and marijuana with intent to distribute.
“This past June, we warned of the potentially lethal consequences of heroin and fentanyl,” said U.S. Attorney Hochul. “As demonstrated by the recent fatalities in Western New York and elsewhere, that message went unheeded. Let today’s developments be fully understood. Whether rich or poor, suburban resident or prison inmate, no one is immune from the effects of this addiction.  As for the traffickers, because delivery of these substances is akin to handing a person a loaded gun, they will be prosecuted to the fullest extent of the law.”   

Prosecutors say on December 5, 2013, Elizabeth Camue Martinez smuggled heroin into the Attica Correctional Facility to give to her husband, Andres Martinez, an inmate at the facility. Two inmates died from an overdose, but Hochul says federal investigators have not linked the deaths to the drugs brought in by the Martinezes.

Jerome J. Tallington, 25, of Buffalo, N.Y., has also been indicted and charged with possession with intent to distribute and distribution of heroin. Davon Banks, 35, of Buffalo, N.Y., is charged in a complaint with possession with intent to distribute a mixture and substance containing Fentanyl and prohibited person in possession of a firearm.

On December 8, 2013, defendant Jerome Tallington sold approximately three grams of heroin to a New York State Police investigator. According to the complaint charging Davon Banks, on January 14, 2014, law enforcement officers executed a search warrant at the defendant’s residence at 359 Sherman Street in Buffalo. Officers seized approximately 163 plastic bags containing a powdery substance, a 12 gauge shotgun, and a digital scale. Subsequent analysis on the powdery substance determined that it contained Fentanyl. The complaint further states that Banks was subject to a protective order preventing him from possessing a firearm.