A 47-year-old Ewa Beach man was indicted Thursday by a federal grand jury after he allegedly marketed methamphetamine and fentanyl, and fired a gun while selling drugs.
Blane Ornellas Apostadiro, 47, of Ewa Beach, was charged with conspiring to distribute and possess with intent to distribute methamphetamine and fentanyl; possessing with intent to distribute methamphetamine and fentanyl; using, carrying and discharging a firearm during a drug trafficking crime; and illegally possessing ammunition as a convicted felon and unlawful drug user, according to the U.S. Attorney’s Office.
He pleaded not guilty Friday, and his trial is set for Feb. 19 before Senior U.S. District Judge J. Michael Seabright. Apostadiro has 35 prior state convictions, including for felony forgery, car theft, breaking into cars and burglary.
On Oct. 27, Honolulu Police Department officers saw Apostadiro allegedly driving a stolen vehicle before he was seen ditching it and fleeing on foot. He allegedly was high on methamphetamine and cocaine during a shootout with police.
Apostadiro allegedly abandoned the vehicle and, while fleeing, discharged a privately manufactured firearm, also known as a ghost gun, prompting HPD officers to shoot him, according to the indictment.
Apostadiro was gunned down by police and arrested. Officers allegedly found methamphetamine, fentanyl, digital scales, plastic baggies, ammunition, a lower receiver and a loaded ghost gun in his possession, according to federal court documents.
Additional controlled substances and drug paraphernalia were recovered from the stolen vehicle.
“Both fentanyl and ghost guns pose a grave threat to public safety, putting both law enforcement and innocent community members at risk,” said U.S. Attorney Clare E. Connors in a statement. “We will continue to work with our law enforcement partners to hold armed drug dealers accountable in the criminal justice system for the significant harm they inflict.”
Because nearly all methamphetamine “recovered in Hawaii is highly pure, often exceeding 90%, there is probable cause to believe that a 115-gram quantity contains at least 50 grams of pure methamphetamine,” according to federal prosecutors.
“Based on the quantity of methamphetamine, numerous digital scales, empty plastic bags, drugs packaged for distribution, there is probable cause to believe that Apostadiro was involved, with others, in distributing drugs,” according to an affidavit authored by an agent with the Federal Bureau of Investigation.
HPD officers lawfully searched a gray bag fund in a stolen Honda that Apostadiro was allegedly using.
“Inside the gray bag, HPD officers located digital scales (consistent with those used by drug traffickers to weigh out drugs for distribution), a magazine containing multiple rounds of Luger 9mm ammunition, a green lower receiver, plastic baggies (consistent with those used by drug traffickers to package drugs for distribution), four bags of what preliminary chemical analysis shows is fentanyl, and a bag containing what preliminary chemical analysis shows is methamphetamine,” according to federal court records.
If convicted of all counts, Apostadiro faces a maximum sentence of life in prison, including a combined mandatory minimum of 20 years for the drug and firearm charges, and fines of up to $10 million.
This case is being investigated by the Federal Bureau of Investigation and the Honolulu Police Department. It is being prosecuted by Assistant U.S. Attorneys Jonathan D. Slack and Wayne A. Myers.
Apostadiro was “previously convicted of more than a dozen felony offenses,” including burglary, and was sentenced to 10 years in prison on March 9, 2016.