On Wednesday, August 23, 2023, Jason McFadden (Pittsfield) was found guilty by a jury of his peers in Berkshire Superior Court. The Honorable Judge Hogan presided. McFadden was found guilty of:
- Illegal Possession of a Large Capacity Weapon (1 Count)
- Possession of a Firearm During the Commission of a Felony (3 Counts)
- Possession of a Large Capacity Firearm during the Commission of a Felony (1 Count)
- Illegal Possession of a Large Capacity Feeding Device (1 Count)
- Improper Storage of a Firearm (3 Counts)
- Illegal Ownership of a Firearm (3 Counts)
- Possession of cocaine with the Intent to Distribute (1 Count)
Possession of a Large Capacity Firearm during the Commission of a Felony carries with it a potential sentence of life in prison.
McFadden was found not guilty on 1 count of Possession of a Firearm During the Commission of a Felony; 1 count of Improper Storage of a Firearm; and 1 count of Illegal Ownership of a Firearm. The three not guilty verdicts were all tied to the weapon recovered at 100 Daniels Avenue.
On September 28, 2018, the Berkshire County Drug Task Force and the Commonwealth Interdiction Narcotics Reduction Enforcement Team executed a search warrant at 98 Daniels Avenue. (98 Daniels Avenue is an apartment in a residential house.) McFadden was found in a bedroom along with a second individual.
Upon the execution of the search warrant, officers cleared the basement for anyone who might have posed a threat to the safety of law enforcement investigators. While doing so, investigators found an internal basement door that accessed the adjacent apartment, 100 Daniels Avenue. The door was unlocked indicating that an individual from 98 Daniels Avenue could have fled to the adjoining 100 Daniels Avenue apartment. Officers then had probable cause to then search 100 Daniels Avenue.
The search of 98 Daniels Avenue yielded:
- Approximately $64,000 in cash
- Multiple cellular phones
- 4 firearms including one large capacity firearm (all loaded with a bullet in the chamber)
- Drug distribution paraphernalia (including 6 digital scales)
- Two sets of keys containing car keys and miscellaneous keys including one key that opened a lock box containing 1 firearm
- Residency paperwork for Jason McFadden and the second individual
The search of 100 Daniels Avenue yielded:
- 1 firearm (loaded with a bullet in the chamber)
- 3 cellular phones
- Drug distribution paraphernalia
- A leather shoulder holster with ammunition pouch (which fit one of the firearms located in the apartment)
- Residency paperwork for Timothy McFadden (Jason’s brother)
District Attorney Shugrue stated, “McFadden is a dangerous criminal who brought violence to not just Berkshire County but the Northeast as well. His arrest records show he distributed drugs beyond Massachusetts. With this guilty verdict, our community is now a safer place to live and also lessens the flow of drugs and guns into our county.”
McFadden has an extensive criminal history in the State of New York which includes convictions for drug distribution; significant possession of controlled substances; and felony possession of loaded firearms. McFadden served time in New York based for the above charges.
District Attorney Shugrue commended law enforcement officers for their outstanding police work. He thanks the jury for their careful deliberation throughout the case.
1st Assistant District Attorney Marianne Shelvey represented the Commonwealth. The Pittsfield Police Department, Berkshire County Drug Task Force and the Commonwealth Interdiction Narcotics Reduction Enforcement Team served as the law enforcement on the case.
Sentencing will occur after the bifurcated jury waved trial on September 6, 2023. Jason McFadden is alleged to be an armed career criminal having been previously convicted of 3 violent crimes or serious drug offenses. This charge carries a mandatory minimum of 15 years in prison with no eligibility for parole.