Bureau of Alcohol, Tobacco, Firearms and Explosives

BUFFALO, N.Y. — U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned an indictment charging Ernest Green aka "Fire," aka "Burn," aka "Ern the Burn" aka "Dread," aka "B Love," 41, of North Tonawanda, with distribution of fentanyl causing death and conspiracy to possess with intent to distribute fentanyl and cocaine. The charges carry a mandatory minimum penalty of 20 years in prison and a maximum of life.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the indictment, between 2019 and May 27, 2020, conspired with others to sell fentanyl and cocaine. The indictment also alleges that on May 27, 2020, Green sold fentanyl which resulted in the deaths of three individuals identified as J.Y., T.M. and D.R.

Green, who is currently serving a 120-month federal sentence following a 2022 conviction for being a felon in possession of a firearm, was arraigned today before U.S Magistrate Judge Michael J. Roemer.

“Fentanyl, cocaine, heroin and other illegal narcotics are deadly poisons that are finding their way into our communities and onto our streets because of defendants like Ernest Green,” stated U.S. Attorney Ross. “Our office is working every day with our law enforcement partners at all levels to track down these defendants, whose actions show no regard for human lives. Ernest Green has been indicted on multiple charges, including selling fentanyl, cocaine and causing the death of another person. This office will dedicate time and resources to the prosecution of all individuals who committee these types of crimes in our community.”

Green is the fifth defendant in the last six months to be accused of selling fentanyl and cocaine that resulted in a death or serious bodily injury. Other defendants include:

• Michael Paonessa is charged by criminal complaint with possession with intent to distribute, and distribution of, fentanyl. According to the criminal complaint, Paonessa sold fentanyl and cocaine that led to the death of an individual identified as R.A.
• Darryl Sweat was indicted by a federal grand jury on charges of distribution of cocaine, fentanyl and para-fluorofentanyl; causing death; possession with intent to distribute, and distribution of, cocaine, fentanyl and para-fluorofentanyl; and possession with intent to distribute fentanyl. According to the indictment, Sweat sold cocaine and fentanyl, which resulted in the death of an individual identified as V.O.
• Lloyd Smith, Jr. was charged by criminal complaint with possession with intent to distribute fentanyl and cocaine. Smith allegedly sold fentanyl and cocaine to two individuals who overdosed and had to be revived with multiple doses of Narcan.
• Rashaun Cruel was charged by criminal complaint with possession with intent to distribute, and distribution of, fentanyl. Cruel allegedly sold fentanyl and cocaine which resulted in the deaths of two individuals.

Green’s indictment is the result of an investigation by the Drug Enforcement Administration (DEA), under the direction of Special Agent-in Charge Frank Tarantino, III, New York Field Division; the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), under the direction of Special Agent-in-Charge John B. DeVito; the North Tonawanda Police Department, under the direction of Chief Keith Glass; and the Niagara County Drug Task Force, under the direction of Sheriff Michael Filicetti.

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.

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