On Wednesday, September 6th Jason McFadden (Pittsfield) appeared before the Honorable Judge Hogan at Berkshire Superior Court. McFadden pleaded guilty to a charge of Armed Career Criminal. McFadden originally requested a bench trial but entered a guilty plea after a related August jury trial resulted in 13 guilty verdicts. The convictions all stemmed from the execution of a 2018 search warrant on McFadden’s residence.
Following the plea, McFadden was sentenced on all convictions, including the Armed Career Criminal charge and the 13 charges which he was found guilty of by a jury of his peers. (See the bottom of the press release for a list of the 13 guilty verdicts and a press release from the August jury trial.)
Judge Hogan sentenced McFadden to 25 years in prison, serving 15 years before being eligible for parole, to be followed by five years’ probation. This will ensure he is under court supervision for the next 30 years.
After sentencing, District Attorney Shugrue stated, “For 20 years Jason McFadden has brought drugs to our community. For 20 years he has caused violence. Since his first arrest in 2002, Mr. McFadden has again and again proven he has no plans to change his behavior. With this sentence I can say Jason McFadden has finally been held accountable. Today Pittsfield is a safer place.”
The minimum sentence for the charge of Armed Career Criminal is 15 years in prison. First Assistant Marianne Shelvey, recommended a total sentence of 20 to 25 years in prison for all fourteen convictions. During sentencing, Shelvey explained that while there was a small amount of drugs found in McFadden’s residence at the time of the search, there was evidence indicating that McFadden was running an illegal drug operation from his house.
During the search of McFadden’s residence, $62,290 in cash was seized along with drug packaging equipment used to press kilos of cocaine. The large sum of cash indicated that McFadden had already sold most of his drug stash and was preparing to resupply. (This is a common occurrence in drug investigations and is often referred to as cash heavy, drug light.) Shelvey noted that McFadden and his domestic partner reported being unemployed at the time of the search.
Along with evidence that indicated McFadden had just sold a large quantity of drugs, Shelvey reported that McFadden continued to attempt to control the movement of illegal drugs following his arrest. The Berkshire House of Corrections intercepted jail calls where McFadden was recorded directing other individuals regarding drug sales.
McFadden has a long criminal history. In November 2002 Jason McFadden was arrested for distributing crack cocaine to an undercover police officer. McFadden pled guilty in 2003 and was sentenced to a year in the House of Corrections. The statue called for a ten year plus sentence.
In December 2004, the Berkshire County Drug Task Force began an investigation following a tip that Jason McFadden was distributing drugs. McFadden was found to have sold crack cocaine multiple times to an undercover officer. He was arrested for this in February 2005. Following the arrest, McFadden posted $20,000 cash bail and was schedule to reappear for trial in February 2006. McFadden failed to appear and, as a result, a warrant was issued for his arrest.
In 2008, McFadden was found in New York State following a traffic stop. McFadden had over half a kilo of cocaine in his possession. (A half kilo of cocaine, broken down for individual sale, has a street value of $50,000.) McFadden was charged and convicted for drug dealing in the state of New York.
After the New York conviction in 2008, McFadden was returned to the Commonwealth. McFadden appeared before the court to answer to the February 2005 drug sale charge. In April 2009, McFadden pled guilty to the charge. McFadden was sentenced to 7 to 9 years and was paroled in 2017.
In the spring of 2018, the Berkshire County Drug Task Force had information indicating McFadden was dealing cocaine. Between June and September of 2018, the Task Force made multiple undercover drug purchases from McFadden. Based on said purchases, a search warrant was issued for McFadden’s residence. On September 28, 2018, the search warrant was executed which led to the current charges. In the search five illegal firearms, all loaded, including one high-capacity firearm, were seized.
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. At sentencing, the judge specifically thanked members of the law enforcement for how they handled this matter.
Guilty charges from the August 23, 2023 jury trial:
• 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)