YOUNGSTOWN, Ohio (WKBN) — A superseding bill of information has been filed in federal court against a city man already facing a federal weapons charge.
Daniel May, 30, now faces charges of conspiracy to possess with the intent to distribute heroin, fentanyl, cocaine and crack cocaine; two counts of possession with intent to distribute heroin and fentanyl; distribution of fentanyl; distribution of fentanyl, cocaine and tramadol; distribution of crack cocaine; and two counts of being a felon in possession of a firearm.
He was originally indicted May 25 on a charge of being a felon in possession of a firearm.
The bill of information was filed Tuesday in the U.S. Northern District Court of Ohio. Notes in the court docket said an arraignment date will be set when arrangements of a plea bargain are worked out.
A bill of information is typically filed in lieu of an indictment in a criminal case when a defendant is expected to plead guilty.
The bill charges May with taking part in drug sales in Youngstown between February 2020 and January 2022. The bill lists several dates in that time period in which May is accused of selling drugs.
The original indictment in the case was filed after investigators served a Jan. 5, 2022, search warrant at a Matta Avenue house on the West Side that May listed as his address.
An affidavit attached to the criminal complaint in that case said investigators found a M&P 15 rifle loaded with two drum magazines, a loaded 9mm semiautomatic handgun and a loaded 10mm semiautomatic handgun.
Investigators also found several rocks of crack cocaine that someone tried to flush down the toilet and lab tests later showed a residue found on the bathroom floor contained a mixture of fentanyl.
May was not at the home when the warrant was served but investigators obtained another warrant Jan. 28, 2022, to get a DNA sample from May and were able to obtain his DNA.
That DNA was tested and compared to the DNA found on the guns. The affidavit said there was a strong possibility that May’s DNA was one of four DNA profiles found on the guns.
May is not allowed to have or be around a gun or ammunition because of convictions in Mahoning County Common Pleas Court in 2014 for possession of cocaine and in 2015 for trafficking in heroin and tampering with evidence.
In the bill of information, the government is also seeking to seize $10,289, found on two separate occasions that the government contends is the profit from illegal drug sales; the guns that were found in the Matta Avenue home when the search warrant was served; and a 9mm Ruger that was found by investigators in February, 2020.