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Plea deal: JADE snitch gets misdemeanor charge

A Jefferson Area Drug Enforcement Task Force confidential informant, who set up at least nine people on drug buys, had his own two felony drug charges reduced to one misdemeanor pot possession charge in Albemarle Circuit Court March 23.

Taylor Magri, 23, was charged with possession of marijuana with intent to distribute and possession of cocaine April 10, 2014, according to court documents.

In a heroin distribution jury trial earlier this year, Magri was a witness against Ryan McLernan, whom the jury acquitted, citing entrapment. In that case, Magri said he’d signed a contract with JADE and set up 10 people, buying from each two to three times, in exchange for having his own charges lessened.

Magri testified that he came to Charlottesville from Florida to “get clean.” After he was arrested and was working for JADE, he’d say anything to get people to sell him drugs, he said in court, including sniffling to indicate he was going through withdrawal.

McLernan admitted his own addiction, but said he had never sold heroin before and only did so at Magri’s behest. McLernan was getting treatment at a methadone clinic when he was arrested six months later for the single sale. That $50 deal would have given him a prison sentence of between five and 40 years if he had been convicted.

Prosecutor Elliott Casey said that in a 2014 JADE raid at Magri’s residence, officers found 286.2 grams of marijuana—around 10 ounces—and a bag of white powder in his room.

Judge Edward Hogshire accepted the plea that reduced the felony pot charge to misdemeanor possession, which means a 12-month suspended sentence and a suspended driver’s license for six months, and dismissed the cocaine charge. Magri was given 90 days to pay his court costs.

In sharp contrast to the leather jacket and longish hair Magri wore to court in January, he donned a sport jacket and had a high-and-tight haircut for his most recent appearance.

Magri’s lawyer, Delegate Rob Bell, who is running for attorney general next year, said, “We’re not going to comment.” Casey also refused to comment.

Janice Redinger, who was McLernan’s lawyer, sat in court for Magri’s hearing. Afterward, she said that all the people she was aware of whom Magri set up were addicts, and they all ended up with more severe punishments than he did. “All wound up being felons,” she said. “He got off with a misdemeanor.”

She says the problem isn’t that Magri tried to extricate himself from “major, major” charges. “The problem is a system that gets people to turn on others,” she says. “We’re using drug dealers to use addicts to get out of trouble.”

She cites another JADE sting that set up prostitutes and johns, and offered them the opportunity to buy drugs to have those misdemeanor charges dropped. “What is wrong with us?” Redinger asks. She says the whole system of using confidential informants is “horribly wrong” and is making people criminals and sending them to prison.

Magri’s plea came a week after a young Charlottesville woman died of an overdose. Betsy Gilbertson, 25, had been arrested twice for heroin possession, according to court records, and went through withdrawal while she was in jail, her mother said. She was released January 8, and her family and friends believe the fatal dose she took that led to her death March 14 was the first time she’d used since getting out of jail.

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Entrapment trial: Jury rejects task force’s $50 heroin sting

Ryan McLernan admits he’s an addict. But he’s adamant he never sold drugs until another addict—a confidential informant for the Jefferson Area Drug Enforcement Task Force—asked McLernan if he could help him score. McLernan did, and, six months later, he was indicted for distribution of $50 worth of heroin.

The 22-year-old Western Albemarle High graduate was in Albemarle Circuit Court January 13 facing a felony charge and possible five years in prison. The jury deliberated for a little more than an hour before coming back with a not guilty verdict in a case that shines a spotlight on opiate addiction in the area and how JADE uses junkies to set up other junkies.

McLernan was already struggling with addiction in 2014 when he met Taylor Magri, who worked with his roommate in a Crozet restaurant. Magri testified he came to Charlottesville to get clean. “It didn’t pan out that well,” he said on the witness stand. He started using again and selling drugs to make money and keep using.

In April 2014 Magri was busted for selling synthetic LSD and marijuana. Facing three distribution charges, he entered into a contract with JADE: If Magri set up nine people, buying drugs from them two to three times each, two of his distribution charges would be dropped and the other reduced to a misdemeanor, said defense attorney Janice Redinger.

“It was a deal he could not turn down,” said Redinger. “He asked everybody for heroin.” And because he’d only been in the area a year and a half, she said, “It’s doubtful he knew nine drug dealers.”

One thing Magri did know, according to Redinger, was the addict mindset. “He knew how to prey on addicts. He makes it known to Ryan he needs him. He said he was feeling sick.” And sniffles for a heroin addict, she said, are a sign of withdrawal. “It feels like every bone in your body is being crushed with the worst flu ever. All Ryan wanted to do was help.”

Detective Matt McCall with the Albemarle County Police and JADE, who took part in a prostitution sting last February in which those busted could become confidential informants and buy drugs multiple times in exchange for having their misdemeanor charges dropped, testified that he was training to make controlled purchases of narcotics on October 14, 2014.

He met with confidential informant Magri, code named Pickford, searched him, wired him for audio and visual recording and gave him $50 to make the buy from McLernan in Crozet. McCall said he and another officer, Detective Joe Smith, strategized with Magri on how to get McLernan to make the deal so he could be filmed handing off the smack and receiving the cash after he told Magri he’d leave the drugs in the console in his car.

The prosecution showed a poor quality video of the deal that took a few seconds, and it was only by freezing the images that one could make out the transaction.

JADE typically makes multiple buys with its confidential informants before making an arrest.

“Shortly after this operation, McLernan wouldn’t return communication from the CI,” said Detective Smith, who acknowledged JADE did no further investigation into McLernan’s alleged drug dealing.

Six months later, McLernan, who was then living with his parents, getting treatment at a methadone clinic on Pantops and attending Narcotics Anonymous, was indicted.

Magri, who still faces charges in April, said he had set up 10 people and would say whatever he had to to get people to sell drugs to him. Judge Cheryl Higgins cited that testimony in allowing entrapment to be included in the jury instructions.

Assistant Commonwealth’s Attorney Elliott Casey had the last word to the jury: “This is a dirty business, selling heroin.”

The jury apparently agreed, but not in the way the commonwealth intended, and came back with a not guilty verdict around 9:15pm. The jury believed the deal was entrapment, said a juror who refused to give her name. “I was the last to go with that,” she said.

Her advice to law enforcement: “They need to go after the dealers,” she said. And get better video equipment.

McLernan crumpled after the verdict was read. Later, he said he’s been on methadone trying to stay clean with the stress of a five-year prison sentence hanging over his head.

And despite being set up by Magri, he said, “I’m terrified JADE could retaliate” and put him in jail.

“They don’t look at me like an addict who needs help,” he continued. “They look at me like a felon who needs to be in jail.”

“I know that JADE has brought down big enterprises,” said Redinger after the trial, “but this isn’t doing anything but making a bunch of junkies felons. We ought to be better than that. This is the war on drugs on steroids.”

JADE’s Lieutenant Joe Hatter did not return calls from C-VILLE.