A grand jury investigation concluded Friday, resulting in the filing of multiple felony charges against three Dartmouth students from the Class of 2005 -- Steven DeMarco of Salem, N.H., Sheanon Summers of Abbottstown, Penn., and Eric Testan of Thousand Oaks, Calif.
DeMarco was charged on five counts in total -- four for possession of cocaine, marijuana, oxycodone and anabolic steroids, and one count of selling cocaine to Testan, who himself received one count of possession of cocaine. The third defendant, Shaenon Summers, was charged with two counts of drug possession of marijuana and anabolic steroids. The three will be arraigned on their respective charges on July 20.
According to county attorney Nancy Gray, who is handling the case, Testan was involved in an automobile accident on April 22. After his accident, Testan discarded an undisclosed amount of cocaine, the location of which was not released by Hanover Police. After the paperwork for the accident was completed, Hanover Police set up a surveillance operation to see if anyone would return to retrieve the cocaine. Testan returned in a matter of hours and was apprehended by the police.
When asked where he obtained the cocaine, Testan told the police that he purchased it from DeMarco. With this evidence, the police obtained a warrant to search DeMarco's residence at 52 1/2 Lebanon Street on April 30. There, Gray said they found a variety of illegal substances, belonging to both DeMarco and his housemate Summers. Gray said authorities can use the location of drugs inside a house to determine ownership in a multiple-resident dwelling.
Potential punishments for these charges is difficult to determine due to the "convoluted" New Hampshire drug laws, as Hanover Police Chief Nicholas Giaccone termed them. Much depends on the amount of drugs recovered, which was not disclosed by police or the county attorney. According to DeMarco's indictments and the statute, he was in violation of the Controlled Drug Act's Sec. 26 I (c), which is the sale of 1/2 or less ounces of cocaine. If convicted, DeMarco could face a maximum penalty of seven years imprisonment and a maximum fine of $100,000 on that charge.
On the possession counts, which are Class B felonies, the maximum fine is $25,000. The marijuana charges are only Class A misdemeanors.
Gray was upbeat about the charges, calling the cases both "good" and "solid."
DeMarco and his attorney Steve Shadallah in fact were not aware of the grand jury's decisions as of Wednesday. While DeMarco declined to comment on the case, Shadallah defended him.
"Steve is a good kid and comes from a good family," Shadallah said. "I've known them a long time, and these charges come as a surprise. I can't comment other than that until I investigate the case further."
Attempts to contact Summers were unsuccessful, and Testan's home phone number was unlisted.
Summers is a tight end on the Dartmouth football team, which DeMarco was also a member of, although he is no longer listed on the roster on the team website. When asked how he felt about two players charged with possession of steroids, coach John Lyons said through an intermediary that he would release a statement when he knows more about the charges.
While unable to comment on a specific case, Undergraduate Judicial Affairs Director Marcia Kelly said the College would hypothetically take action against a student charged with a felony-level offense. If the College received more information, the College could initiate disciplinary action prior to the resolution of the criminal case. But without additional information, the College would wait until the criminal case concluded before taking action. Currently Testan is not on BlitzMail, which indicates that he is not enrolled, possibly due to disciplinary action.
Hanover Police have been working on the case for over a month, but Giaccone declined to comment on the details of the crimes as the case is still pending. Gray said certain information is not yet public in order to protect the rights of the defendants.
