Darius Ghahary and his daughter Allyn Ghahary Choose To Go To Trail in Drug Induced Death of Daniel Latjerman

Defendant Chooses Trial, Risks 45+ Years, in Case of Drug-Induced Death of Ramsey Man

By Mary K. Miraglia

HACKENSACK, N.J. (May 22, 2017) — An Upper Saddle River man pointedly rejected a judge’s overtures Monday toward reducing potential prison time when he refused further plea negotiations.

Darius Ghahary of Upper Saddle River, 48, listened patiently as Judge Christopher Kazlau explained the “exposure,” or potential prison term, each of the charges against him carries. Ghahary has been offered 15 years NERA (No Early Release Act) if he pleads guilty to causing the death of 19-year old Daniel Latjerman of Ramsey, who was a teammate of his son, by providing him a drug cocktail that included the powerful synthetic opioid painkiller fentanyl.

“Part of my job is to make sure everyone can make an informed decision,” Kazlau said. “If you plead guilty to a drug induced homicide, the sentencing range is 8-½ – 17 years. Under NERA, 85 percent of that would be about 12 years and nine months.”

Latjerman was found dead in his home in February, 2014 after ingesting a drug he is said to have believed was heroin. Ghahary is charged with strict liability for a drug-induced death and a plethora of other charges for possession of a pharmacopeia of drugs, and also with maintaining a drug production facility.

After Kazlau patiently explained to Ghahary that he faces 25 years if convicted of causing Latjerman’s death, 20 for manufacturing and distributing drugs, and five – 10 years for each of the drugs he possessed and distributed, some of which could run consecutively to each other, he asked the defendant if he wanted a few minutes to speak with his attorney, Michael DeBlis of Bloomfield.

“I do not want any more time to speak with Mr. DeBlis today,” Ghahary answered.

Then, Kazlau said, the case would proceed to trial and “very quickly, because this matter has been going on far too long.”

Ghahary’s refusal to consider the state’s plea offer means his daughter, Allyn Ghahary, 25, cannot plead guilty either and must go to trial where she risks more prison time. She’s charged with hindering her father’s apprehension by tampering with electronic records — text messages prosecutors believe would implicate him in the sale to Latjerman and other drug sales. Ghahary allegedly had a distribution system in sneakers left on his porch, and communicated with customers by cell phone.

Kazlau set June 19 for the next court date when, he said, he will set an accelerated trial date and do all motions and the trial “from beginning to end, because this case has been going on far too long.” He said “If the matter goes to pretrial conference, there will be no negotiations,” and said the hearing schedule will be set at the June appearance.

Allyn Ghahary is represented by Lawyer Robert Brass of Bloomfield.

Fentanyl is defined by the National Institute on Drug Abuse as a drug with “high risk for addiction and dependence, 50 to 100 times more potent than morphine. Can cause respiratory distress and death when taken in high doses or when combined with other substances, especially alcohol.”