Mass. man gets probation for possessing large amount of drugs in Waterbury

April 24, 2023  |  By Eric Blaisdell  |  Times Argus Staff Writer

BARRE — A Massachusetts man has been placed on probation for four years for possessing a large amount of cocaine and heroin in Waterbury. 

Joseph I. Llano, 24, of Springfield, Massachusetts, received a four-year deferred sentence Friday in Washington County criminal court in Barre on felony counts of cocaine possession and heroin possession. Llano pleaded guilty to the charges in February.

The state agreed to dismiss a felony count of unlawful trespass into an occupied residence and a misdemeanor count of resisting arrest, per the plea agreement.

If Llano successfully completes probation, the convictions could be removed from his record. If he violates the terms of his probation, he'll likely face open sentencing on the two felonies, which each carry a maximum sentence of five years in prison.

According to court records, last August a woman called police to report someone was at her and her partner’s residence on U.S. Route 2 in Waterbury who didn't have permission to be there. Police said they arrived and located Llano, who was seen jumping from the back porch of the home. Llano reportedly took off running and was taken into custody after a brief foot pursuit.

On Llano, police said they found $4,381 in cash, 61.5 grams of cocaine and 500 bags of heroin.

The state had sought a sentence of three to five years, all suspended, except for two years to serve for Llano. Following the hearing, Washington County State's Attorney Michelle Donnelly said she was “shocked” by the sentence handed down by Judge Kevin Griffin. Donnelly said she will be filing a motion asking the judge to reconsider the sentence he imposed since the state did not enter into this agreement with the understanding that Llano would receive a deferred sentence, nor does she believe a deferred sentence in this case properly addresses public safety concerns.

Llano's attorney, Ember Tilton, said in a Friday afternoon email, “The judge knows the law and applied it correctly. While it seems like a deferred is a lighter sentence, a deferred could also mean more serious consequences if he violates it. So it isn't necessarily more lenient.” 

Deputy State's Attorney Zachery Weight said in his sentencing memo filed ahead of Friday's hearing that the amount of drugs found on Llano was far more than for personal use.

“The community overall is dealing with issues related to substance use and drugs,” the prosecutor wrote in the memo. “This includes illegal sales, fentanyl-laced drugs, and unfortunately, deaths related to these exact types of drugs. Drugs being brought into our community for sale is an ongoing and serious problem.” 

At Friday's hearing, Weight said Llano crossed state lines with that amount of drugs for only one purpose: to push drugs to the community.

He said the sentence the state was seeking struck the right balance where Llano's supervision would be geared toward rehabilitation, but the sentence also sends the message to others that bringing drugs to the community will not be tolerated. He said two years to serve for Llano also would serve as punishment for his actions.

Tilton played a video where members of Llano's family talked about the struggles he dealt with growing up in Massachusetts. They talked about how he saw a dead body when he was 8 years old, and how the drug game is so prevalent there. Llano's family members talked about how, in spite of this environment, Llano did the best he could and now has a young family he's trying to take care of. They talked about the negative impact taking Llano away from his family to serve a prison sentence would have on his two young children.

Llano's partner and mother of his children was in attendance and testified at Friday's hearing. She fought back tears as she talked about how Llano took her in after she was abused and neglected in her own home as a teenager. She talked about how they've now been together six years and described Llano as a great father and partner.

Tilton said those in Springfield, Massachusetts, have suffered from the impacts of drugs and alcohol “in a much more real way” and for longer than those in Vermont have. He said Llano is well aware of the harm he's caused. He said his client's actions were inexcusable and criminal, which is why they were holding Friday's hearing after Llano has pleaded guilty to his crimes. 

But, he said, Llano is quite young with a young family. “There are a lot of reasons why people move drugs,” the defense attorney said. “And they're all selfish. But there are different people who do it. And some of them have given up on society. Some of them are angry and don't want to ever rejoin society and become productive or engage in a healthy activity. But that's not Mr. Llano. This isn't something he wants to do with his life. This isn't who he is. It was a mistake and one he regrets and one that he is determined not to repeat.”

Llano apologized for his actions and for any harm he caused. “I feel as if I [should] know better, but everybody makes mistakes and this is one mistake that I definitely will be learning from,” he said.

Llano said this case has been a wake-up call for him, and he wants to work to be a better role model for his kids. 

Before handing down the sentence, Judge Griffin asked Llano what he wanted to do with his life. Llano said he wasn't quite sure yet, but he wanted to give back to his community, possibly speaking to youth to help them avoid what he went through. 

The judge said he would give Llano that opportunity by including 120 hours of community service as part of the sentence. Judge Griffin said there's much in Weight's sentencing memo that he agrees with. In thinking about the sentence he could impose on Llano, the judge said he could punish Llano severely, he could encourage rehabilitation, and he could try to avoid perpetuating generational tragedy and trauma. He said the sentence will surely have a large impact on Llano and his family.

“So that's not lost on me,” the judge said. 

He said since Llano has been charged in this case, there has been no information stating Llano has violated his conditions of release. Llano was originally scheduled to be sentenced on Wednesday but reported he couldn't get a ride to court from Massachusetts. Judge Griffin moved the hearing to Friday, with the warning that he would issue an arrest warrant if Llano didn't show. The judge noted Llano did appear Friday knowing he was facing the possibility of spending two years in prison. 

The judge said he wanted Llano to know that his convictions are serious. He said the court spends an enormous amount of time “dealing with the ravages of substance use, its impact on the community here in Vermont.” 

Judge Griffin said none of that is likely lost on Llano, given where he comes from. 

“I have no illusions that if you come here with what you had and were caught with it, as soon as you're arrested, someone else is coming. That's been the story of our so-called 'war on drugs' forever,” the judge said.

He said much of the focus is on the policing of drug activity, which is how society has chosen to address the issue. 

“And yet, it keeps getting worse and worse,” he said.

The judge noted he oversees the county's drug treatment court. He said that program deals with those who have substance use issues and who get tied up in the criminal justice system. The judge said much time and effort is put into creating scenarios where people can get a handle on their addictions.

“And Mr. Weight is right. We have lost too many young people to overdoses. And I'm guessing, in your 24 years on this earth, you've probably known many people who have lost their lives to drugs as well,” he said.

The judge said this conduct of bringing drugs into the community will never be OK to him, and he wanted Llano to understand that. 

But the judge said he found the video moving. He said he watched Llano viewing the video and could tell he has much family support with people who love and care about him. The judge said Llano is providing care for his two kids, which helps support his family.

The judge said one of Llano's family members spoke in the video about the generational impact of living in a place like Springfield, Massachusetts, and the issues it can perpetuate. He said if he were to give Llano a two-year prison sentence as the state requested when Llano doesn't have any prior criminal record, he would be continuing those issues. 

“The court could do that and then move on to the next case. But I don't think that's the right thing to do in this case,” Judge Griffin said.

Instead, he said he would exercise his discretion and give Llano a four-year deferred sentence. He warned Llano that if he violates the terms of his probation once, the state Supreme Court has made it clear that the judge does not have discretion in the matter, that Llano loses the deferred sentence and faces open sentencing.

He said given Llano's age, that he hasn't graduated from high school, and that he would be saddled with two felony convictions, Llano would not be looking at a bright future. The judge said the ripple effect of these convictions, if final, would stay with him for the rest of his life.

He added that sending Llano's partner back to Massachusetts without Llano would be traumatizing for his family. “But if you could be persuaded to never return to (the drug game) again, then we've all benefited. And you've told me today that this was your wake-up call and that you have no intentions of returning to that life. And I hope you're sincere about that,” the judge said. 

This story was originally published by the Times Argus on April 21.