FARMINGTON – A Farmington man pleaded guilty to trafficking in cocaine and pills Monday, receiving a six-year, partially-suspended sentence.
Omer Havtan, 21 of Farmington, pleaded guilty to unlawful trafficking in scheduled drugs, a Class B felony, and aggravated trafficking of scheduled drugs, a Class C felony, with both charges stemming from an investigation by the Farmington Police Department in late 2017 and early 2018. In addition to the guilty pleas, more than $4,000 was seized by the state through a criminal forfeiture proceeding.
Through the plea negotiations, the state was represented by Assistant Attorney General David Fisher, while Havtan was represented by attorney Walter Hanstein. However, Deputy District Attorney James Andrews represented the state at Monday’s hearing. According to Andrews, FPD began investigating Havtan’s apartment on Broadway after receiving reports about suspicious activity. After observing activity consistent with drug trafficking, police executed a search warrant on Jan. 11. At that time police discovered approximately 15 grams of cocaine, LSD and pills that included 119 tablets of Xanax, as well as packaging material, scales and cellphones that included texts relating to drug trafficking activity.
In speaking with a FPD officer, Andrews said, Havtan admitted to dealing in cocaine.
In addition to the drugs and drug paraphernalia, police found $3,615 in a safe at the Broadway location. A little more than $1,000 was located on Havtan’s person.
The Class C drug trafficking charge was aggravated due to the transaction taking place within 1,000 feet of Meetinghouse Park, a designated drug-free zone.
Another man, Jonathan Toothaker, 23 of Farmington, was charged with trafficking in conjunction with the investigation. He pleaded guilty to criminal conspiracy, a Class C felony, on May 18 and received a suspended, two-year sentence.
Havtan received a six-year sentence, with all but one year suspended, on the unlawful trafficking charge. Following the year in custody, Havtan will be on probation for three years, with terms of that probation to include no illegal drugs and random search for same, as well as counseling. He received a one-year, concurrent sentence on the aggravated trafficking charge. He will also have to pay a combined $1,000 in fines to the state and $1,080 in restitution to FPD for drug testing costs.
Another $4,629 located during the search will be forfeited by Havtan.
Havtan has no criminal record, both lawyers indicated, which had weighed in his favor in determining the recommended sentence. Judge Susan Oram, noting that the sentence was “less severe” than one that might have been imposed, said that the lack of criminal record, Havtan’s youth and his efforts over the past several months to turn his life around all appeared to have been considered in developing the joint recommendation.
[Editor’s Note: Attorney Walter Hanstein and the author are related.]
If Mr Toothaker received a suspended 2 year sentence, he really does not even get a slap on the hand….I’m so confused with our system nowadays!!
The system is a joke. Our police do the hard work of bringing drug dealing felons to justice to only have them serve no time. Why bother wasting our tax dollars on police when the courts let the bad guys go. Toothaker should be in jail, he’s a felon.
We need a new DA. The guy confessed! Throw the book at him for God’s sake!
Yeah, and others that are repeat offenders get less than MR Havtan, I personally know how well Mr. Havtan has recovered and turned his life around! Kudos to him, and by next year his life will be starting over, better
Also, Mr Toothaker is not honest, Mr Havtan has learned to be.
Until next time……..
The DA is ok, the guy(Mr Havtan) did confess, he WAS doing something wrong, but he was sick, using drugs to control what a professional therapist/MD could and did help him better. Once he had the proper care/meds treatment this man HAS reformed. He acknowledges that he did something wrong, and is paying the price, he also has a felony record that will follow him, background check.Believe me he will feel the BOOK thrown at him for a while, what we DO want is to know the prison system will rehab this man and not make him worse to continue his bad lifestyle after he is released.