Lake Grove man convicted of assault in near-fatal fentanyl poisoning of 11-month-old son

A Lake Grove man was convicted Thursday for his role in the near-fatal poisoning of his infant son from ingesting fentanyl.

James Carr, 35, was convicted following a jury trial in Riverhead of second-degree assault and seventh-degree criminal possession of a controlled substance.

Carr was remanded pending his March 31 sentencing, when he faces up to seven years in prison.

“My office is determined and dedicated to fight the fentanyl crisis, and this conviction represents another step in the right direction,” said Suffolk County District Attorney Raymond Tierney.

John Campo, Carr’s Garden City-based defense attorney said: “We’re obviously disappointed with the outcome. But we respect the jury’s decision and the next step is to file an appeal.”

On Jan. 13, 2024, law enforcement and first responders responded to a report of a nonresponsive 11-month-old infant who was having difficulty breathing at a home on Colmar Avenue in Lake Grove.

The child, whose name was not released, stopped breathing for extended periods of time on the way to Stony Brook University Hospital — a trip that was documented on a YouTube video shared by the District Attorney’s Office.

When medics finally determined the infant was exhibiting symptoms of opiate poisoning after ingesting fentanyl, they provided him with Narcan in each nostril, prosecutors said. Five minutes later, he took a full breath on his own and began to cry.

The child was diagnosed with acute fentanyl poisoning, hypoxia, and respiratory failure and required additional doses of Narcan in the pediatric Emergency Room, authorities said. 

Carr, the child’s father, was arrested later that day after investigators recovered a straw containing cocaine, along with fentanyl and heroin from his home, prosecutors said.

Authorities said Carr exchanged a series of messages with convicted drug supplier Robert Mauro, 33, of Miller Place, on Jan. 4 and 5, 2024, in which they discussed the sale of narcotics.

At the time, however, Mauro knew the drugs he planned to sell Carr had previously caused an overdose in another person he sold drugs to and he advertised the narcotics as an “oz of fire that some kid od’d off of,” officials said. On Jan. 9, 2024, Mauro sold fentanyl to Carr.

Mauro was convicted in October of second-degree manslaughter and criminal sale of a controlled substance related to the fatal overdose of a Patchogue woman only weeks after the infant’s near-fatal poisoning.

Mauro was sentenced in January to five to 15 years in prison, followed by two years post-release supervision.