Pendrick's lawyer said all drugs were for personal use for pain.
SPRINGFIELD – A 51-year-old Ludlow man was found guilty Wednesday of selling drugs from his house and later going to the home of the lead investigator in the case and trying to intimidate him.
James Pendrick, of 108 Holy Cross Circle, had chosen a jury-waived trial so the verdict was reached by Hampden Superior Court Judge Peter A. Velis.
Velis found Pendrick guilty of trafficking in the class of drug that includes heroin, morphine and opium; possession of cocaine with intent to distribute; and a count of possession with intent to distribute drugs in the same class as cocaine.
Thomas F. FoyeFor the actions Pendrick took at the home of Ludlow Police Sgt. Thomas F. Foye, Velis found Pendrick guilty of trespass, intimidation of a witness, and resisting arrest.
Sentencing is set for Feb. 13. Pendrick had been out on bail pending trial but Velis revoked his bail after the guilty verdict, so Pendrick was taken into custody.
Defense lawyer J. Timothy Mannion had argued the state did not prove Pendrick was a drug dealer, saying his client had legitimate prescriptions for drugs for personal use because of pain and disability. Any use of illegal drugs was for pain, Mannion argued.
“He’s drug-dependent and he’s got a myriad of physical problems,” Mannion said of Pendrick.
As for the incident at Foye’s house, Mannion said Pendrick was simply taking his dog for a walk and “may have been exercising his right to confront authority” when “there may have been some verbiage” at Foye’s home.
Velis acquitted Pendrick of three other drugs charges.
Assistant District Attorney Neil Desroches said in his closing argument police had set up surveillance different nights over several weeks in 2010 and had seen a succession of cars pull up to Pendrick’s house, with drivers spending a short time inside the house and then leaving.
Police, with a search warrant, raided the house April 9, 2010. Among items found, Desroches said, were two pill bottles filled April 8 containing together 330 pills. The next day at the time of the raid only 120 pills were left, he said. One of those bottles contained oxycodone, he said.
“The only explanation is that he was distributing them,” Desroches said. Police testified inside the house were crack pipes and ledgers investigators testified were drug sale ledgers.
Mannion called the raid a “15-man invasion army” and criticized the treatment of Pendrick, his wife and his 14-year-old son.
When Mannion attacked Foye’s testimony about the confrontation at Foye’s home May 4, 2010, after Pendrick was released on bail on the drug charges, Velis told Mannion he (Velis) did not question Foye’s credibility.
Foye had testified Pendrick was sitting on an electrical box on his property when he drove in and he heard Pendrick say, “Well, looks like the lead detective is home early.”
Foye said Pendrick first would not get off the box and then did and came toward him continuing to make remarks such as a threat to get Foye even from jail.
“When I told him I would arrest him, he said that won’t happen. He walked toward me and bumped me in the chest,” Foye said.
Foye said he grabbed onto Pendrick and there was a scuffle, until he restrained Pendrick and called the Ludlow police department and another officer arrived to aid in the arrest.