Peabody man facing prison on drug charge

SALEM – A 22-year-old Peabody man caught with seven twists of cocaine may serve up to five years in state prison and also lose his driving privileges in Massachusetts for five years.David M. Oth of 17 Magnolia Terrace, Peabody, was arraigned Thursday morning in Salem Superior Court on possession of cocaine with the intent to distribute, subsequent offense, and possession of cocaine with the intent to distribute within 1,000 feet of the Burke Elementary School.Following his arraignment, Oth immediately pleaded guilty to possession of cocaine with the intent to distribute before Judge Timothy Q. Feeley.Oth was sentenced to serve not less than three years and not more than five years in state prison by Feeley.Assistant District Attorney Michael Patten stated that he was prepared to show at trial that on June 29 at about 1:09 p.m., the Peabody Narcotics Detectives David Murphy and Thomas Nolan executed a search for Oth?s home following a lengthy investigation.At the home, they encountered Oth exiting it and entering a Honda Accord. Inside the vehicle police discovered $1,500 in the cup holder next to the driver?s seat and $370 in cash on Oth. During the search of his home, police seized a total of seven twists of cocaine, 6.24 grams, along with a scale and two grinders.The seizure of the narcotics was consistent with drug distribution, Patten said.Oth, who police say is a self-admitted member of the Tiny Rascals street gang, known as TRG, was on probation at the time of his arrest for another drug-related case out of Salem District Court in 2010. The prosecutor agreed not to prosecute it as a subsequent offense in exchange for his confession.As part of the plea concession, Patten agreed also not to prosecute the school zone charge, sparing Oth another 30 months behind bars.Defense lawyer Julian Lebeck told Feeley that Oth grew up in a “very rough environment. His sister recently moved him from Lynn to Peabody, he said.Lebeck said he felt a serious stay in state prison will give his client “clarity” as he urged Feeley to accept the recommendation proposed.?I hope the sentence does change his life,” Feeley remarked from the bench as he adopted the joint sentence agreement.Because of the drug conviction, Oth will lose his driving privileges in Massachusetts for the next five years.