Burlington
Rodolfo Davila, 39, appeared briefly in U.S. District Court in Burlington late Thursday afternoon, but Magistrate Judge John M. Conroy ordered the hearing for the Windsor man continued because of his “present condition of what appears to be (drug) withdrawal.”
Assistant Federal Defender David L. McColgin, on behalf of Davila, did not object, noting, “clearly he is not feeling well.”
Federal deputy marshals allowed Davila to sit throughout his hearing. Davila was breathing heavily and he moved slowly while entering and leaving the courtroom.
Conroy said he also understood Davila was interested in retaining his own private defense lawyer and that it appeared he had the financial resources to do so. McColgin said he was concerned Davila might not be able to hire a lawyer while he was in custody.
Conroy said the hearing would resume at 1:30 p.m. on Tuesday.
The second defendant, 47-year-old David Cheney, of Windsor, also appeared briefly in court. The pretrial services officer for the court did not have a chance to complete a report, Conroy noted.
Before appointing a defense lawyer, Conroy asked Cheney about his employment and assets. Cheney said he worked for a flooring company, but noted that he “will probably be fired for this.”
Cheney, who also said he did not own a car, had Burlington lawyer Richard Goldsborough appointed to defend him.
Conroy agreed to continue Cheney’s hearing at 1:30 p.m. on Monday.
The prosecution has asked that both men be detained pending trial on heroin distribution charges as both are a danger to the community and a risk to flee.
The Vermont Drug Task Force and Homeland Security Investigations have been conducting an investigation into heroin trafficking in Windsor County since March 2017, court records show.
A cooperating individual said Davila has been selling heroin for two years and that he obtains the drugs from a source in Springfield, Mass., Homeland Security Special Agent Jamie Pillsbury said in a court affidavit.
The informant “has purchased heroin from Davila on several occasions and has observed Davila possess a size 13 shoebox completely full of heroin inside his 55 River St. residence,” Pillsbury said in his affidavit.
The sworn affidavit said the informant “has also seen Davila with approximately $300,000 of U.S. currency inside the same residence.”
The informant bought 10 bags of heroin for $150 from Davila at his residence on four dates: Feb. 2, Feb. 5, March 14 and March 29, court records show. They noted police monitored the sales.
The grey-and-white apartment house, which was raided early Thursday morning, is located near the end of River Street across from Acme Street. The house and garage, which also was searched, abuts the Connecticut River.
The prosecution maintains there are no known conditions that would ensure the appearance of either man for future court hearings.
Davila has numerous felony convictions for both controlled substance offenses and violent crimes, according to the motion seeking his detention. Davila has convictions from 2012 for two counts of possession of a firearm, including “a count related to a loaded shotgun/machine gun,” Assistant U.S. Attorney Nate Burris wrote in his motion. Davila received a four- to five-year prison term.
Davila also has failed to appear for court hearings on numerous occasions and violated the terms of his probation, Burris wrote. He added Davila is believed to be a heroin addict.
Vermont State Police Sgt. Ryan Wood initiated the investigation of Cheney with the use of a second informant.
The informant bought 27 bags of heroin for $270 on May 23, 2017, from Cheney at his then-residence at 26 Depot Ave. in Windsor, Homeland Security Special Agent Derek Judd wrote in an affidavit.
Another sale of 18 bags for $200 was conducted at Cheney’s home on June 6, 2017, Judd wrote.
In asking for Cheney’s detention, the government said it believes he also is a heroin addict.
“The defendant has multiple felony convictions for controlled substance offenses, and has a history of violating his probation,” Burris said in court papers.
Mike Donoghue can be reached at vermontnewsfirst@gmail.com.
