Alleged drug dealer faces upgraded charges in OD deaths, prosecutors say

An alleged drug dealer charged in connection with three fatal overdoses on the East End is facing upgraded charges, including manslaughter, prosecutors said Friday.

Lavain Creighton, 51, of Greenport, pleaded not guilty to a 16-count indictment in Suffolk County Court in Riverhead on Friday in connection with the Aug. 13 overdoses of what prosecutors said was cocaine mixed with a fentanyl analog. Investigators have been probing a series of at least six fatal drug overdoses, and several nonfatal, on the North Fork and on Shelter Island, that occurred last month.

Prosecutors said the two manslaughter charges were lodged because Creighton showed reckless intent when he sold the drugs to two of the overdose victims — identified as Swainson Brown, 40, of Shelter Island, and Matthew Lapiana — after another victim allegedly texted Creighton to warn him of the drug's effects and the suspicion that the cocaine was laced with another substance.

"Yo, I think that stuff is something weird," one of the victims, identified only with the initials S.A., texted Creighton the night of Aug. 12, according to Suffolk Assistant District Attorney Dana Gremaux. "Having trouble keeping my eyes from movin around, giving me the spins. I just wanted to warn you."

Hours later, Gremaux said, all three of the victims were dead.

Suffolk County District Attorney Timothy Sini, speaking to reporters after the arraignment, said the other East End overdoses remain under investigation.

"He received a text message from one of his customers saying that there’s something weird in this product," Sini said. "He was on notice at that point that there was something in that drug other than cocaine. Instead of warning his customers, he continued to sell his product, and that is the epitome of recklessness."

Gremaux asked for Creighton's bail to be set at $5 million cash or $10 million bond on the indictment charging him with 14 counts of third-degree criminal sale of a controlled substance and two counts of second-degree manslaughter. Suffolk Supreme Court Justice John B. Collins set bail at $500,000 cash or $5 million bond.

Creighton's attorney, Lane Bubka, of Riverhead, said the bail was excessive and he would appeal.

Bubka said prosecutors failed to present direct evidence that his client sold drugs to the overdose victims, and the timeline presented in court disproved at least one of the manslaughter counts because the alleged drug sale already had taken place before the warning text from one of the victims was sent.

"There's no way to establish that my client could have known anything, assuming that he even sold them the drugs," Bubka said.

The indictment includes charges related to Creighton allegedly selling cocaine to undercover officers four times from November 2020 to April 2021. Creighton was not prosecuted at the time, and Bubka questioned why authorities had not arrested him.

"They're making the allegations that he is this big of a danger … what were they waiting for?" Bubka said.

Sini dismissed that assertion, saying the alleged undercover drug buys were for small amounts of only cocaine and were part of a larger investigation.

"Law enforcement's decision to conduct a longer-term investigation into drug trafficking should not be questioned now with the hindsight of what happened," Sini said.

According to prosecutors, after receiving the text from S.A., Creighton responded "ok" and then allegedly sold the cocaine laced with fluorofentanyl, a fentanyl analog. Prosecutors said toxicology tests showed all three victims had those drugs in their systems.

Creighton was "tipped off" that authorities were investigating him in connection with the overdoses, said Gremaux, and Creighton allegedly broke his cellphone, removed the SIM card and threw it in the garbage near the Shelter Island Ferry terminal.

Creighton, according to Gremaux, has a criminal record that includes convictions for drug dealing spanning two decades.

Justin Smith, 46, of Smithtown, identified as an alleged supplier of Creighton, has been indicted on drug possession charges.

Creighton's cousin Latricia Hazell said he is a father of eight children and "well respected and liked" in Greenport.

"Nobody's perfect, but I don't see him knowingly distributing, giving anything, that would harm someone or kill them," said Hazell, of Greenport. "I know he wouldn't do that."

Creighton's longtime girlfriend Erica Hansen, who cried in court at the sight of her partner, said Creighton long has struggled with a cocaine addiction and was "heartbroken" over the deaths of people he considered friends.

"He's very heartbroken over it," said Hansen, 44, of Greenport.

By Nicole Fuller

nicole.fuller@newsday.com@NicoleFuller

Nicole Fuller is Newsday's senior criminal justice reporter. She began working at Newsday in 2012 and previously covered local government.