N.H. man charged with theft during Lynn drug sting

SALEM – A New Hampshire laborer charged with stealing $4,000 during a 2009 sting operation involving federal agents and Lynn Police and then lying to police will spend two years in state prison before being placed on probation for another three years.Joshua Demos, 26, formerly of 87 Collins St., Seabrook, N.H., made his plea Wednesday morning in Salem Superior Court, pleading guilty to charges of larceny over $250 and willfully lying to a State Trooper before Judge John T. Lu.Assistant District Attorney A.J. Camelio stated the charges arose out of a narcotics deal set up by federal agents and Lynn Police in which a confidential informant met with Demos and his alleged partner, Nicholas Occhiuto, on the morning of Oct. 21, 2009 on Franklin Street to buy crack cocaine and heroin but, instead, the informant was robbed of the $4,000 in marked bills provided to him by authorities.State Trooper Mario Maillett later pulled the two men over in a black Jetta Volkswagon at the Route 129 rotary in Lynnfield for an apparent motor vehicle infraction.Maillett said he seized $2,200 from Occhiuto and another $1,800 in cash from Demos, according to Camelio.Maillett also told them that if they could prove they owned the cash it would be returned.The following day Demos and Occhiuto went to the State Police barracks in Danvers where they insisted that a trooper had stolen the $4,000, which they earned working and sports betting.The two men were later arrested following an investigation.Camelio argued for a longer punishment, telling Lu the defendants had “jeopardized” State Trooper Maillett’s career by saying he stole the money, which was actually provided to the confidential informant by authorities.Camelio, in asking for a three- to four-year prison sentence, said it was based on the nature and circumstances of the crime.Defense lawyer Alice Jayne pleaded for leniency, suggesting 18 months in jail, rather than state prison, with probation, arguing that her client’s participation was “limited” and that he did not exactly understand what was going on.Lu ordered that Demos is not to use drugs and to have random drug screenings as part of his probation.The judge credited Demos the seven days he spent in custody in lieu of bail on the case.Occhiuto, 27, formerly of 28 Rose Ave., Marblehead, is currently in custody on a federal case at Fort Devens. He is scheduled back in Superior Court on Aug. 23 for a status hearing regarding his case.