By Bea Lewis
LACONIA — A former city man who negotiated the dismissal of a felony drug sale charge in Belknap County and was facing seven months in jail for possessing methamphetamine, failed to show up for his sentencing hearing and was arrested on a warrant.
On Monday, Timothy Malone, 37, most recently of Meredith, was ordered held on $5,000 cash bail after he was arrested for skipping out on his Oct. 26 plea and sentencing hearing.
On Tuesday, he was charged with selling heroin to a confidential informant working for Laconia police on Aug. 15.
Malone has been free on a $2,500 bond after he was indicted in June for possession of meth with intent to distribute in Laconia on March 2. He was also indicted for possessing the drug.
In mid-September, Malone filed notice of his intent to plead guilty to the possession charge. Under the terms of a plea agreement the sales charge was to be dismissed. On the lesser charge, he was to be sentenced to 12 months in jail, with all but seven months suspended on the condition of good behavior for three years which included undergoing a substance abuse evaluation and complying with all recommendations as specific rules of two years' probation.
Malone is also facing drug charges in Concord after police searched a room at the Comfort Inn and found 115 grams of methamphetamine with an estimated street value of $20,000.
Concord Police charged Malone and Briana D'Amore, 19, also of Laconia, with one felony count of possession of a controlled narcotic drug with intent to distribute after they were called to a report of two people suffering from drug overdoses.
Emergency medical personnel were originally called to the Hall Street lodging establishment after housekeeping staff entered a room to clean it and found two people inside who they were unable to rouse and evidence of intravenous drug use in plain sight.
Police found a loaded hypodermic syringe on a table, a variety of drugs including Hydromorphone, suspected ecstasy, marijuana, heroin, a scale, plastic bags, $3,115 in cash and what appeared to be a drug sales ledger after they obtained a warrant to search the room.
Both Malone and D'Amore received medical aid at the scene, but neither was taken to the hospital.
According to an affidavit filed in support of the Laconia charge that was filed on Tuesday, Malone who is also known as "Timma" is accused of selling $100 worth of heroin to a confidential informant who offered to make a drug buy in consideration of pending charges.
The informant wore a wire to record the conversation surrounding the alleged sale and police watched the buyer when they entered a Gilford Avenue residence.
According to police Malone is heard asking the buyer "What do you need." At one point, Malone is heard saying that he doesn't have any plastic bags, and asks a woman to get some.
After leaving the house, the informant turned over a baggie containing a brown chunky substance that field tested positive as heroin.
If Malone is able to post bail, a judge ordered that a source of funds hearing be held to assure that the money is from a legitimate source and not the profits of illicit drug sales.
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