Joshua Guzman, of East Patchogue, charged with selling powerful animal anesthetic carfentanil to man who fatally overdosed, Suffok DA Ray Tierney says

An East Patchogue man who had already been indicted on drug charges faces additional charges related to the alleged sale of the powerful big animal anesthetic carfentanil to a 27-year-old man who suffered a fatal overdose, Suffolk District Attorney Ray Tierney said.

Joshua Guzman, 30, allegedly sold drugs to the victim a few days before the defendant was admitted into the Judicial Diversion Program in September 2024, Tierney said Thursday. Defendants who successfully undergo treatment for substance abuse can avoid prison sentences, probation and have their drug-related felony convictions dismissed if they graduate from the program.

"What makes this case particularly troubling is that the defendant allegedly sold these fatal drugs days before he was admitted to a Judicial Diversion Program over the objection of my office," Tierney said. "This case underscores our ongoing concerns about the mandatory application of diversion programs in serious drug trafficking cases involving deadly substances like fentanyl and carfentanil."

Carfentanil, like fentanyl, is a synthetic opioid. It is used by veterinarians to anesthetize elephants and other large animals, Tierney said. According to the U.S. Drug Enforcement Administration, carfentanil is 100 times stronger than fentanyl, which is responsible for most of the fatal drug overdoses on Long Island and across the United States.

Guzman pleaded not guilty Wednesday to third-degree criminal sale of a controlled substance and third-degree criminal possession of a controlled substance, the charges outlined in an indictment unsealed earlier this week. Acting Suffolk Supreme Court Justice Philip Goglas set Guzman’s bail at $300,000 cash, $600,000 bond and $3 million secured bond during an arraignment in Riverhead on Wednesday.

Guzman’s attorney, Steven Wilutis, said the victim had other sources for drugs beside Guzman and that prosecutors may have a difficult time proving his client provided the fatal carfentanil. He said people who struggle with substance abuse problems sell drugs to feed their habits because they can’t get jobs due to their addiction.

"He was not getting rich," Wilutis said. "He was not driving around in a Mercedes."

Guzman had been arrested by Suffolk police on Nov. 25, 2023, after investigators conducting surveillance at an East Patchogue gas station saw him drive into the parking lot, park next to the gas pumps and jump into the passenger seat of another vehicle. When police approached the vehicle, Guzman tried to flee on foot but was apprehended after a chase. He possessed fentanyl, cocaine and an electronic stun gun when he was arrested, prosecutors said.

While that case was pending, police participating in an unrelated investigation said Guzman sold fentanyl and cocaine to an undercover officer on two occasions in March 2024. He was arrested for those sales on March 29, 2024, and later indicted, Tierney said.

Both of those cases were pending in court when Suffolk police began an investigation into the fatal overdose of the 27-year-old man on Aug. 28. While that investigation was underway, officials said, Goglas accepted Guzman into the Judicial Diversion Program on Sept. 4.

Tierney said his office opposed allowing Guzman to participate in the program, arguing his history of alleged drug sales made him a danger to the community and upstate incarceration was the only appropriate sentence for his offenses.

Wilutis said Guzman had done well in the program and repeatedly tested negative for drugs since entering the program.

Guzman is scheduled to return to court April 23 and faces up to 12 years in prison if convicted on the top count, Tierney said.