Ocean County Prosecutor Joseph D. Coronato announced the return of an eight count indictment against NICHOLAS MARCO PICONE, 32, of Lacey, NJ in connection with the drug induced death of Anthony Terrill Jr. The charges listed in the indictment are: Count one Possession of a Controlled Dangerous Substance third degree, Count two Possession with Intent to Distribute a Controlled Dangerous Substance third degree, Count three Distribution of a Controlled Dangerous Substance third degree, Count four Possession of a Controlled Dangerous Substance third degree, Count five Possession with Intent to Distribute a Controlled Dangerous Substance third degree, Count six Distribution of a Controlled Dangerous Substance third degree, Count seven Drug Induced Death first degree, and Count eight Possession of a Controlled Dangerous Substance third degree. A copy of the Indictment is attached.
The indictment stems from the death investigation of Anthony Terrill Jr, 29, that occurred on April 8, 2018 in Lacey. On that date (4/8) at approximately 2:10 am, the Lacey Township Police Department responded to the Wawa located at 444 Route 9 South in Forked River following a call from employees of the store reporting an unconscious male in the bathroom of the establishment. The male, later identified as Terrill, was pronounced dead at the scene.
Lacey Officers at the scene observing signs of a drug overdose immediately, per the Prosecutor’s directive, contacted the Ocean County Prosecutor’s Major Crimes Unit and the Ocean County Sheriff’s Criminal Investigations Unit to respond. The ensuing intensive investigation would ultimately lead back to Picone and link him to the death. An autopsy by the Ocean County Medical Examiner would confirm that Terrill’s death were drug induced due to lethal dose of heroin combined with fentanyl.
Members of the Ocean County Prosecutors Office Major Crimes Unit and High Tech Crimes Unit, Lacey Township Police Department and the Ocean County Sheriff’s Department Crime Scene Investigation Unit conducted this investigation. Ocean County Assistant Prosecutor Kaitlyn Burke is the case prosecutor.
SUPERIOR COURT OF NEW JERSEY LAW DIVISION – OCEAN COUNTY
THE STATE OF NEW JERSEY
vs.
NICHOLAS M. PICONE
Defendant
COUNT ONE: POSSESSION OF A CONTROLLED DANGEROUS SUBSTANCE-THIRD DEGREE
The Grand Jurors of the State of New Jersey, in and for the County of Ocean, upon their oaths present that NICHOLAS M. PICONE, on or about April 7, 2018, in the Township of Lacey, County of Ocean, and within the jurisdiction of this Court, did knowingly or purposely possess a controlled dangerous substance, namely, Heroin, a schedule I drug, contrary to the provisions of N.J.S.A. 2C:35-!0a(l), and against the peace of this State, the Government and dignity of the same.
COUNT TWO: POSSESSION WITH INTENT TO DISTRIBUTE A CONTROLLED DANGEROUS SUBSTANCE-THIRD DEGREE
The Grand Jurors of the State of New Jersey, in and for the County of Ocean, upon their oaths present that NICHOLAS M. PICONE, on or about April 7, 2018, in the Township of Lacey, County of Ocean, and within the jurisdiction of this Court, knowingly or purposely did possess or have under his control with intent to distribute a controlled dangerous substance, namely, Heroin, a schedule I drug, in a quantity of less than one-half ounce, contrary to the provisions of N.J.S.A. 2C:35-5a(l) and N.J.S.A. 2C:35-5b(3), and against the peace of this State, the Government and dignity of the same.
COUNT THREE: DISTRIBUTION OF A CONTROLLED DANGEROUS SUSBTANCE-THIRD DEGREE
The Grand Jurors of the State of New Jersey, in and for the County of Ocean, upon their oaths present that NICHOLAS M. PICONE, on or about April 7, 2018, in the Township of Lacey, County of Ocean, and within the jurisdiction of this Court, knowingly or purposely did distribute a controlled dangerous substance, namely, Heroin, a schedule I drug, in a quantity of less than one-half ounce, contrary to the provisions of N.J.S.A. 2C:35-5a(l) and
N.J.S.A. 2C:35-5b(3), and against the peace of this State, the Government and dignity of the same.
COUNT FOUR: POSSESSION OF A CONTROLLED DANGEROUS SUBSTANCE-THIRD DEGREE
The Grand Jurors of the State of New Jersey, in and for the County of Ocean, upon their oaths present that NICHOLAS M. PICONE, on or about April 7, 2018, in the Township of Lacey, County of Ocean, and within the jurisdiction of this Court, did knowingly or purposely possess a controlled dangerous substance, namely, Fentanyl, a schedule II drug, and said substance was not obtained directly, or pursuant to a valid prescription or order from a practitioner, while acting in the course of his professional practice, contrary to the provisions of N.J.S.A. 2C:35-10a(l), and against the peace of this State, the Government and dignity of the same.
COUNT FIVE: POSSESSION WITH INTENT TO DISTRIBUTE A CONTROLLED DANGEROUS SUBSTANCE-THIRD DEGREE
The Grand Jurors of the State of New Jersey, in and for the County of Ocean, upon their oaths present that NICHOLAS M. PICONE, on or about April 7, 2018, in the Township of Lacey, County of Ocean, and within the jurisdiction of this Court, knowingly or purposely did possess or have under his control with intent to distribute a controlled dangerous substance, namely, Fentanyl, a schedule II narcotic drug, in a quantity of less than one ounce, contrary to the provisions of N.J.S.A. 2C:35-5a(l) and N.J.S.A. 2C:35-5b(5), and against the peace of this State, the government and dignity of the same.
COUNT SIX: DISTRIBUTION OF A CONTROLLED DANGEROUS SUBSTANCE-THIRD DEGREE
The Grand Jurors of the State of New Jersey, in and for the County of Ocean, upon their oaths present that NICHOLAS M. PICONE, on or about April 7, 2018, in the Township of Lacey, County of Ocean, and within the jurisdiction of this Court, knowingly or purposely did distribute a controlled dangerous substance, namely, Fentanyl, a schedule II narcotic drug, in a quantity of less than one ounce, contrary to the provisions of N.J.S.A. 2C:35-5a(l) and
N.J.S.A. 2C:35-5b(5), and against the peace of this State, the government and dignity of the same.
COUNT SEVEN: DRUG INDUCED DEATH-FIRST DEGREE
their oaths present that NICHOLAS M. PICONE, on or about April 7, 2018, in the Township of Lacey, County of Ocean, and within the jurisdiction of this Court, did manufacture, distribute or dispense Heroin, a schedule I drug, and Fentanyl, a schedule II drug, in violation of N.J.S.A. 2C:35-5, to Anthony Terrill, Jr., who then injected, inhaled or ingested said Heroin and Fentanyl, and whose subsequent death resulted from the injection, inhalation or ingestion of said substance, contrary to the provisions of N.J.S.A. 2C:35-9, and against the peace of this State, the Government and dignity of the same.
COUNT EIGHT: POSSESSION OF A CONTROLLED DANGEROUS SUBSTANCE-THIRD DEGREE
The Grand Jurors of the State of New Jersey, in and for the County of Ocean, upon their oaths present that NICHOLAS M. PICONE, on or about April 12, 2018, in the Township of Lacey, County of Ocean, and within the jurisdiction of this Court, did knowingly or purposely possess a controlled dangerous substance, namely, Heroin, a schedule I drug, contrary to the provisions of N.J.S.A. 2C:35-10a(l), and against the peace of this State, the Government and dignity of the same.
Please send all press inquiries to Al Della Fave 732-288-7616 (OFFICE) 732-814-7347 (CELL) and adellafave@co.ocean.nj.us.
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