A Freeport father was arrested Monday after police say he used his 13-year-old daughter to close a cocaine deal, triggering a stack of felony charges and a scheduled arraignment in Hempstead. The allegation has unsettled neighbors and stirred fresh worry about kids getting pulled into the drug trade. Authorities say they also recovered additional substances believed to be cocaine during the arrest.
Arrest and charges
According to WABC, Nassau County police arrested 39-year-old Julio Enmanuel Pena at his Freeport home at about 12:40 p.m. Monday. Police say Pena arranged a cocaine sale and had his 13-year-old daughter carry out the transaction. Officers say they recovered additional substances believed to be cocaine at the scene.
Pena was charged with three counts of criminal possession of a controlled substance in the third degree, two counts of criminal sale of a controlled substance in the third degree, conspiracy in the third degree, use of a child to commit a controlled substance offense, and endangering the welfare of a child. He is due to be arraigned in First District Court in Hempstead.
What the law says
Under New York Penal Law §220.28, “use of a child to commit a controlled substance offense” applies when an adult knowingly uses someone under 16 to carry out a felony drug sale, according to the New York courts' jury instructions. The statute specifies that not knowing the child’s age is generally not a defense to that charge.
Separate counts for criminal possession and criminal sale in the third degree fall under provisions that are classified as class B felonies under the Penal Law, which carry substantially greater potential prison exposure than lower-level drug offenses.
Local context
Prosecutors on Long Island in recent years have brought cases highlighting the risks to children when drug operations overlap with family or childcare settings. The Nassau County District Attorney's office has pointed to prior prosecutions, including a 2023 case in which a defendant was sentenced after running a narcotics operation tied to an unlicensed daycare, as examples of how local authorities approach crimes that put kids in harm’s way. Those earlier cases involved coordinated investigations and significant seizures of cocaine and other drugs.
Legal process and next steps
Pena is presumed innocent, and his arraignment will give prosecutors a chance to lay out their initial evidence and for a judge to consider bail and scheduling. Use of a child to commit a controlled substance offense is a class E felony under state law, which can carry a maximum term of up to four years. Criminal possession and criminal sale in the third degree are class B felonies and carry substantially higher potential sentences under New York’s sentencing laws.
Police and prosecutors did not release public details about the child's custody status in initial reports. Officials typically address the welfare and protection of minors in separate proceedings that run alongside the criminal case.
