Not a Very Happy Birthday
A Sag Harbor man celebrating his 19th birthday in East Hampton Monday night is out on bail this week on multiple drug possession charges, including two felonies involving cocaine.
Allan Alvarez was first arraigned on Tuesday. According to statements made in East Hampton Town Justice Court, he was with several friends on Monday night when their car was pulled over in a traffic stop. Police found a quantity of cocaine, which they believe belonged to Mr. Alvarez. He was charged with possession of a narcotic with intent to sell, a Class B felony. Felonies are ranked from A to E, A being the most serious.
He was additionally charged with misdemeanor possession of drug paraphernalia, as well as marijuana possession, a violation.
His mother and grandfather were seated in the courtroom when Justice Lisa R. Rana arraigned him on Tuesday afternoon. It was clearly a difficult arraignment for Justice Rana. Mr. Alvarez’s mother, who works for the Town of East Hampton, works with the justice when she holds court in Sag Harbor.
Justice Rana said the district attorney’s office had asked for bail of $2,500. Brian Francese, Mr. Alvarez’s Legal Aid Society lawyer, argued that Mr. Alvarez was a lifelong resident here, works two jobs, and is attending a community college. He also questioned the “voluntariness” of his client’s statement to police, asking that bail be set at $300.
Justice Rana took a long pause. “Two thousand, five hundred,” she finally said. “This is serious stuff we are talking about. We are not talking about a U.P.M. [unclassified possession of marijuana]. This is serious stuff.” Mr. Alvarez has been arrested at least twice for marijuana possession at the violation level, and has an open U.P.M. charge on Justice Steven Tekulsky’s calendar.
The young man’s mother told the court she would bail her son out that afternoon. Before he was led away, Justice Rana scheduled him to return to her court on Jan. 21. She then cautioned him not to get arrested again. “When I say nothing, I mean nothing,” she said.
That was not to be the case. After the arraignment, Mr. Alvarez was taken back to police headquarters in Wainscott, where his mother went to bail him out. The circumstances were not immediately clear, but after she posted the bail, police allegedly found still more cocaine, either on his person or in his property — enough to trigger another felony possession charge. It was at the D level this time, indicating possession of at least 500 milligrams of the narcotic. He was also charged twice with misdemeanor possession of a controlled substance, meaning that police allege he had other drugs on his person.
He was rearrested on the new charges, held overnight, and arraigned again yesterday afternoon. His mother was back in court. As the arraignment began, she began to cry. A guard handed her a box of tissues. Adriana Noyola of the district attorney’s office asked that another $5,000 in bail be required for his release.
“There should not be a second felony,” said his lawyer, Mr. Francese, “due to improper police procedures. They should be grouped as one felony charge.”
Justice Rana expressed concern about the seriousness of the charges. “We are in a whole different ballgame now,” she said. She set additional bail at $1,000, which Mr. Alvarez’s mother said she would post at the court clerk’s window.
“I don’t know what is going on, but I would suggest that when you are released, you stay home,” she told the defendant. “I wouldn’t go partying with your friends.” She paused again. “If you pick up so much as one more thing. . . .” Her voice trailed off. Mr. Alvarez said he understood.