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James Tunstall, age 48, of Freeport, was found guilty of distributing heroin that led to an overdose death by a federal jury in Central Islip on Tuesday, Feb. 7. The verdict followed a five-day trial over the death of Sergio Niko Alvarez, of Jericho, in October 2018.
Federal prosecutors said Tunstall regularly sold cocaine and heroin to customers in Nassau County, and met Alvarez at an outpatient rehabilitation facility in Mineola. On one occasion, the two conducted a drug transaction in a bathroom at the facility.
Tunstell’s co-defendant, Jay Tenem, also met Alvarez at the facility and gave him the fatal dose of heroin from Tunstall in exchange for his own heroin, prosecutors said. Tenem collected Alvarez’ payment for the drugs, and brought the cash back to Tunstall.
Alvarez’ mother found him dead of heroin intoxication in his bedroom on Oct. 29, 2018, according to investigators.
Police later uncovered text messages between Tunstall and Alvarez, and between Tenem and Alvarez. In one message, while negotiating prices for the drugs, Tunstall told Alvarez, “I don’t do this for fun.”
Tenem pleaded guilty to distributing the heroin that caused Alvarez’ death in February 2019, and is still awaiting sentencing.
Tunstall previously pleaded guilty to conspiracy to distribute heroin and cocaine in July 2021. He was sentenced to 20 years in prison in December 2020.
Following Tuesday’s conviction, he faces up to life in prison.
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