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HOLLIDAYSBURG -- A Johnstown man said Tuesday that he generated $20,000 a week and sometimes more during the four months of 2016 when he was selling heroin for Damon "Fat Cat" Devine, who is on trial this week in Blair County Court.
James A. Miller III, 31, currently incarcerated in the Cambria County Prison, said he met Devine and Devine's girlfriend, Jasmine McGowan, in July 2016 in Johnstown and started selling heroin shortly thereafter for Devine. At the time, Miller said he was using cocaine and not heroin.
Devine, a Philadelphia native who was living in Johnstown with McGowan, is accused of being the leader of an organization that distributed large amounts of heroin in Blair and Cambria counties in 2016 and early 2017.
The distribution included what has been identified as "Dragon" heroin because of a dragon-shaped stamp placed on the heroin packet. While described by heroin users as a high-quality product, "Dragon" heroin was also blamed for numerous overdoses and drug-related deaths in Blair and Cambria counties.
Miller said Devine initially gave him 10 bricks of heroin to sell but he quickly worked up to selling 100 bricks a week. Each brick sold for about $270, Miller said, with $200 of that amount set aside for Devine.
So your heroin sales were generating $20,000 a week for Devine, Senior Deputy Attorney General Dave Gorman asked Miller.
"At least," Miller said. "But if I had a good week, it could be double."
"Forty thousand?" Gorman asked.
"Or more," Miller told him.
Devine, who is representing himself, asked Miller for confirmation that they met in July 2016, then used that to challenge a grand jury presentment describing Devine's heroin-selling operation stretching from January 2016 until February 2017 when he was arrested.
"Did you ever say that you got drugs in January, February, March…?" Devine asked in reference to the months prior to July 2016.
"No," Miller responded.
Gorman and First Assistant District Attorney Pete Weeks have acknowledged in court that the criminal conspiracy and drug-trafficking charges filed against Devine were amended to reflect the organization's activities starting in May based upon the evidence.
Judge Daniel J. Milliron, who is presiding over the trial, told Devine in court that he has been effective in calling attention to the time frame distinction. But that didn't keep Devine from asking Miller about the grand jury presentment, which Devine contends is based on false testimony.
"If you knew you didn't meet me until July 2016 and you saw the presentment indicating that the time frame started in January 2016, why didn't you bring this to the attention of the investigators?" Devine asked.
When Miller offered no immediate answer, Devine asked: "So you didn't run an organization for me in January 2016?"
"No," Miller said.
"We'll stipulate to that," Weeks told the court.
Devine offered no challenges to Miller's testimony outlining his success with selling heroin. Miller said he kept selling through mid-October 2016 when he got into a fight outside a Cambria County bar and went to jail on assault and related charges. Miller also faces drug-trafficking charges in Blair County as part of Devine's organization. He said he has no specific plea deal in place but hopes his testimony will be taken into consideration when sentenced.
Miller also identified Devine's co-defendants, Philadelphia residents Jabu Robinson and James Everett-Bey, as part of Devine's heroin-selling organization.
Miller recalled a day when Robinson was inside a vehicle, following Devine and McGowan in another vehicle, when they stopped at his residence. Miller said Devine and McGowan were there to pick up money from drug sales.
Miller also recalled seeing Everett-Bey at Devine's residence, where Everett-Bey was watching a baseball game. Miller said he thought Devine and Everett-Bey were likely making plans to go to Trenton, N.J., for more heroin.
"Mr. Devine called said he needed the (drug sale) money to go re-up," Miller said, using a slang term in reference to replenishing one's heroin supply. Miller said he thought Everett-Bey was going to make the trip with Devine because Devine doesn't drive.
The trial continues today in Courtroom 4 at the courthouse.