United States Drug Enforcement Administration

BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. and U.S. Drug Enforcement Administration Special Agent in Charge Ray Donovan, New York Division announced today that a federal grand jury has returned an indictment charging Jonathan DiPirro, 30, of Depew, NY, with distribution of acetyl fentanyl, fentanyl, and cocaine causing death, distribution of acetyl fentanyl and fentanyl causing death, possessing with intent to distribute, and distributing, acetyl fentanyl and fentanyl, narcotics conspiracy, possession with intent to distribute methamphetamine and crack cocaine, and maintaining a drug-involved premises. The charges carry a mandatory minimum penalty of 20 years in prison and a maximum of life in prison.

Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that according to the indictment and a previously filed complaint, in Oct. of 2019, the Lancaster Police Department, DEA Buffalo Resident Office, and the New York State Police Violent Gang Narcotics Enforcement Team began investigating the drug dealing activities of the defendant and his co-defendant Sarah Szymanski, who were identified as individuals who sold heroin and fentanyl together in the Western New York area.  Since February of 2020, law enforcement has made three separate controlled purchases of suspected opiates from co-defendants DiPirro and Szymanski.

On Nov. 2, 2019, Lancaster Police Officers, the Bowmansville Fire Company, and the Lancaster Volunteer Ambulance Corporation, responded to an emergency call at a residence in Lancaster. When first responders arrived, they discovered an individual identified as J.L. deceased. Next to J.L., officers observed a hypodermic needle containing a small amount of liquid or blood. A few days later, on Nov. 4, 2019, officers took custody of an eyeglasses case that contained an amount of suspected controlled substances and the hypodermic needle. Testing by the Erie County Central Police Services Forensics Laboratory confirmed that the powdered substance contained a mixture of acetyl fentanyl, fentanyl, and cocaine. On Feb. 11, 2020, the Erie County Medical Examiner's Office issued a death certificate listing the cause of death as “[a]cute mixed drug intoxication,” and identifying fentanyl and acetyl fentanyl as two of the drugs in J.L's system at that time that contributed to the drug intoxication.

Subsequent investigation determined that DiPirro was the individual J.L. contacted by cell phone, using calls, text messages, and Facebook Messenger, to purchase heroin or fentanyl.  Specifically, between September 2019 and Nov. 2, 2019, the date of his overdose death, J.L. contacted DiPirro continually using these lines of communication. During that time, J.L. overdosed from heroin and/or fentanyl on three known occasions. J.L. survived the first two overdoses, but died as a result of the third overdose. 

On March 4, 2020, the Cheektowaga Police Department responded to an emergency call at a residence in Cheektowaga involving an overdose of an individual. When officers arrived, they found an individual, identified as S.L., unresponsive. Officers administered two doses of Narcan but could not revive S.L. Officers also administered cardiopulmonary resuscitation and transported S.L. to St. Joseph's Hospital. Medical personnel ultimately pronounced S.L. dead.  The investigation into S.L.'s fatal overdose revealed voice calls exchanged between S.L. and DiPirro on the date of S.L.'s death.  On March 5, 2020, the Erie County Medical Examiner's Office issued a death certificate listing the cause of death as “[a]cute mixed drug intoxication,” and identifying fentanyl and acetyl fentanyl as two of the drugs in S.L's system at that time that contributed to the drug intoxication.

DiPirro was arraigned this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and detained. 

Sarah Szymanski was previously convicted and is awaiting sentencing.

The indictment is the result of an investigation by the Lancaster Police Department; the Depew Police Department; the Cheektowaga Police Department; the New York State Police Violent Gang Narcotics Enforcement Team; and the DEA Buffalo Resident Office.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.