Suffolk drug dealer pleads guilty in fatal overdose case

<p>A Suffolk drug dealer pleaded guilty to manslaughter in connection to a fatal overdose Thursday.&nbsp;</p>

News 12 Staff

Nov 16, 2017, 7:41 PM

Updated 2,359 days ago

Share:

A Suffolk drug dealer pleaded guilty Thursday to manslaughter in connection to a fatal overdose . 
The plea made James Fava the first person in New York state to be convicted of a charge stemming from a fatal overdose. 
Bryan Gallagher was 27 years old when he was found dead in his Oakdale home. His family says they knew he had been struggling with heroin addiction but hoped he would find a way to recover.
"We just wanted to get that manslaughter charge, and hopefully let the drug dealers know…there are going to be repercussions and the DA's office is going to go after them," said Gallagher's father Michael. 
Getting a conviction on manslaughter charges in a drug case is challenging, according to legal experts. Prosecutors need to prove the defendant recklessly caused the victim's death. In this case, prosecutors say they had multiple text messages from Fava to Gallagher warning him about the potency of the drugs.
Tanya Rickoff, the assistant district attorney, said Fava warned Gallagher that the substance was "too strong for him" and to be careful with it. 
Lab tests confirmed that what Gallagher ingested wasn't heroin laced with fentanyl. It was only fentanyl. 
As part of the plea deal, Fava will get four to six years behind bars when he is sentenced in January.
Gallagher's father says his family started a foundation in his son's name.
"It just gives us peace of mind. It gives us something to work for…Something for a family to live for. To help other people," said Gallagher. 
Fava's family and attorney did not speak to the media after court. 
Prosecutors say they are hoping this case will prompt the state Legislature to create a criminal statute specifically for fatal drug cases. They say at least 20 other states already have those on the books.


More from News 12
1:44
SUNY Purchase students start pro-Palestinian encampment

SUNY Purchase students start pro-Palestinian encampment

2:22
Partly sunny, light breeze for Friday in the Hudson Valley; afternoon showers for Saturday

Partly sunny, light breeze for Friday in the Hudson Valley; afternoon showers for Saturday

2:48
Pro-Palestinian encampment remains at SUNY New Paltz campus

Pro-Palestinian encampment remains at SUNY New Paltz campus

0:22
Mount Vernon police: No injuries reported following shots fired incident

Mount Vernon police: No injuries reported following shots fired incident

0:32
Rep. Ryan calls for planned Central Hudson rate increase to be denied

Rep. Ryan calls for planned Central Hudson rate increase to be denied

0:21
Yonkers Art unveils 2 new exhibits ahead of weekend festival

Yonkers Art unveils 2 new exhibits ahead of weekend festival

1:26
Look up! Annual Eta Aquarid meteor shower peaks early Sunday morning

Look up! Annual Eta Aquarid meteor shower peaks early Sunday morning

0:33
Dobbs Ferry man facing federal charges of illegal possession of firearms, ammunition

Dobbs Ferry man facing federal charges of illegal possession of firearms, ammunition

1:47
Ex-Monticello officer who admitted to sex assault of underage teen reinstated to department after arrest

Ex-Monticello officer who admitted to sex assault of underage teen reinstated to department after arrest

0:36
Police: Woman arrested in connection to student brawl outside Yonkers school

Police: Woman arrested in connection to student brawl outside Yonkers school

1:44
Poughkeepsie leaders ask public for help to find troubled teens before tragedy strikes

Poughkeepsie leaders ask public for help to find troubled teens before tragedy strikes

1:02
Ribbon-cutting ceremony held for completion of New Rochelle affordable housing development

Ribbon-cutting ceremony held for completion of New Rochelle affordable housing development

0:32
Bedford School District to receive more money aid, boost in funding from state

Bedford School District to receive more money aid, boost in funding from state

0:30
Blooming Grove highway worker seriously injured during tree removal

Blooming Grove highway worker seriously injured during tree removal

0:23
Overnight road work to close Exit 7 on Cross County Parkway in Westchester

Overnight road work to close Exit 7 on Cross County Parkway in Westchester

3:52
I-95 in Norwalk closed until at least Monday following tractor-trailer fire

I-95 in Norwalk closed until at least Monday following tractor-trailer fire

0:28
SPCA Westchester launches first mobile adoption unit

SPCA Westchester launches first mobile adoption unit

News 12 Westchester/Hudson Valley Daily Poll

News 12 Westchester/Hudson Valley Daily Poll

1:44
Exploring the Westchester children's museum: A journey of play and discovery

Exploring the Westchester children's museum: A journey of play and discovery

0:36
Live Nation Concert Week offers $25 tickets to over 5,000 shows

Live Nation Concert Week offers $25 tickets to over 5,000 shows