DOJ Seal

Department of Justice

U.S. Attorney's Office
Western District of New York

For Immediate Release

Tuesday, February 9, 2016
William J. Hochul, Jr.
, United States Attorney
Contact: Barbara Burns

Rochester Man Pleads Guilty to Firearms and Heroin Possession Charges

ROCHESTER, N.Y. — U.S. Attorney William J. Hochul, Jr., announced today that Timothy C. Fitzpatrick, 39, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession of heroin with intent to distribute and possession of a firearm and ammunition while being a previously convicted felon. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine. 

Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated that on April 23, 2015, law enforcement officers from the Greater Rochester Area Narcotics Enforcement Team executed a search warrant at 127 Evergreen Street, Apartment #2, in the Rochester. Upon entry, officers detained Fitzpatrick inside of the location and searched it. They seized a loaded Raven Arms .25 caliber semi-automatic pistol, along with heroin and cocaine packaged for sale. Officers also seized drug paraphernalia.  Fitzpatrick also had United States currency in his front pants pocket.

The investigation revealed that Fitzpatrick had previously been convicted of Criminal Possession of a Controlled Substance in the Third Degree in 2005, Criminal Sale of a Controlled Substance in the Fifth Degree, in 200, and Attempted Criminal Sale of a Controlled Substance in the Third Degree in 1999. As a result, the defendant is unable to lawfully possess a firearm.   

The plea is the culmination of an investigation on the part the Greater Rochester Area Narcotics Enforcement Team composed of law enforcement personnel from the Bureau of Alcohol, Tobacco, Firearms and Explosives under the direction of Special Agent in Charge Delano A. Reid, New York Field Office and the Monroe County Sheriff’s Office, under the direction of Monroe County Sheriff Patrick O’Flynn.

Sentencing is scheduled for May 10, 2016, at 3:30 p.m. before Judge Wolford.



New York Field Division