Hillsborough County Superior Courthouse North. Photo/Jeffrey Hastings

MANCHESTER, NH – A man already detained in the New Hampshire State Prison could end up there for life after being indicted on a special felony accusing him of selling fentanyl after being convicted of selling a drug that resulted in the 2015 death of a Vermont man.

Daniel Fogg, 33, was indicted on a charge of sale of a controlled drug, subsequent offense. According to the indictment issued by a Grand Jury sitting in Hillsborough County Superior Court Northern District and brought by the New Hampshire Attorney General’s Office, on Sept. 8, 2022, in Manchester, Fogg sold more than five grams of fentanyl. He was convicted on Nov. 29, 2016, of selling a controlled drug, death resulting, in Cheshire County Superior Court. He also had two other convictions for selling drugs.

Fogg was sentenced to five years in prison for the Nov. 17, 2015 sale of fentanyl in Chesterfield, N.H., to Dakota “Cody” Kilburn of Manchester Centre, Vt. Kilburn was found dead the following day.

This information is released monthly by the court to the media and is part of the public record.

What is a Grand Jury indictment?

According to the NH Law Library, an indictment is a criminal charge against a person by a Grand Jury. A Grand Jury considers evidence presented by the County Attorney or the Attorney General and decides whether there is sufficient evidence to formally charge a person with committing a crime. It is part of due process. Any accused individual is presumed innocent until proven guilty by a court of law. If you have a question about this information contact the Hillsborough County Superior Court

The grand jury handed up 152 indictments for May. Among those indicted were:

Brandon T. Bachand, 25, of 625 Brunelle Ave., 21, computer services, use prohibited. On Nov. 1, 202, Bachand is accused of sending a picture of his penis over the internet to a 14-year-old.
Robert Barry, 59, l/k/a 246 South Road, Sullivan, six counts of aggravated felonious sexual assault, three charging a pattern of sexual abuse, and one count of felonious sexual assault. Between Sept. 1, 2016, and Aug. 15, 2017, Berry is accused of sexually assaulting a girl who was 8-years-old at the time the abuse began. According to the indictments, some of the assaults took place in a bunker on his property. Each aggravated felonious sexual assault charge carries a 10 to 30-year prison sentence, while the pattern of sexual assaults carries a 25-year to life in prison sentence per charge upon conviction.
David J. Campbell, 39, transient, criminal threatening, deadly weapon. On Feb. 27, 2023, in Manchester, Campbell is accused of pointing a knife at J.K. and saying, “I will not be threatened by anyone. You are going to walk me to Dominos.”
Timothy Collins, 58, of 292 Milford St., two counts of reckless conduct, deadly weapon, and conduct after an accident. On April 27, 2023, Collins is accused of reversing his vehicle and striking two people, C.C. and R.M., and then leaving the scene of the accident.
Carlos Delgado Garcia, 33, of 238 Valley St., second-degree assault. On March 30, 2023, Garcia is accused of striking K.J, age 6, on the back with a belt causing bruising.
Laurie Dibiase, 56, homeless, two counts of forgery and one charge of theft by deception. On Jan. 25, 2023, Diabiase is accused of attempting to cash a check made out to T.H. in the amount in excess of $1,500.
William Farnsworth, 30, of 319 Hanover St., cruelty to animals, falsifying physical evidence, witness tampering and forgery. On Dec. 17, 2022, Farnsworth is accused of purposely torturing a five-month-old red/blue nosed pit bull puppy named Duke when he knelt on the dog’s neck and shoulders, killing it. He then allegedly placed the dead puppy in a garbage bag. Farnsworth also is accused of telling CD he would not get off the phone with her until she agreed she would not tell police about the death of their puppy.

From Dec. 15 through 22, 2022, Farnsworth also is accused of signing the signature of CD on a bill of sale for a blue 2002 Chevrolet Avalanche, selling it without authority.

Richard P. Gallagher II, 53, 150 Whitehill Road, Barnett, Vt., receiving stolen property. On Jan. 24, 2023, in Manchester, Gallagher is accused of retaining a 2022 Chevrolet CP33003 believing it had been stolen.
Cyle Gancarz, 25, of 98 Danis Park Road, Goffstown, receiving stolen property and possession of a controlled drug, methamphetamine. On Jan, 19, 2023 in Manchester, Gancarz retained a red 2022 Chevrolet Traverse, the property of W.M. believing it probably was stolen.
Lynn M. Geddes-Morin, 48, of 276 Second NH Turnpike, Hillsborough, two counts of arson. On Aug. 18, 2022 in Hillsborough, Geddes-Morin is accused of purposely starting a fire, damaging S.E.’s doormat, at her apartment building. Geddes-Morin already was indicted on two counts of arson and one charge of reckless conduct.
Kent Gray, 73, of 11 Log St., criminal threatening, deadly weapon. On April 26, 2022, Gray is accused of placing K.M. in fear of imminent bodily contact when, while holding a knife, he said, “I’m going to kill.”
Daniel Griffiths, 42, of 257 Manchester St., 2R, criminal threatening, deadly weapon. On Jan. 30, 2023, Griffiths is accused of brandishing a firearm during an interaction with RC.
Manuel Guerrero, 21, of 391 Manchester St., criminal threatening, conduct with a firearm. On Feb. 14, 2023, Guerrero is accused of brandishing a handgun and making a threatening statement to DM-P. If convicted, Guerrero faces a sentence of 10 to 20 years in prison because the charge is a class S felony.
Omed M. Habibzai, 21, of 33 Colonial Road, Portland, Maine, nonconsensual dissemination of private sex images. On Nov. 26, 2022, Habibzai is accused of sending a video of a woman engaged in masturbation with her genitals exposed to nine people, without the woman’s consent.
Lauren E. Potvin, 41, of 166 Crystal St., Haverhill, Mass., two counts of simple assault. On Jan. 22, 2023 in Bedford, Potvin is accused of spitting at and kicking officer Bellemore.
Joshua Provost, 31, of 14 Crestview Circle, Derry, burglary. On Feb. 28, 2023, Provost is accused of entering the residence of H.P., a current or former intimate partner, on Murphy Street in Manchester.
Philip Ramasci, 42, of 110 Roseanne Lane, theft by unauthorized taking. On March 26, 23, Ramasci is accused of possessing a Honda CRV belonging to W.L.
Samuel Ramos-Torres, 30, of 92 Walnut St., Apt. 17, burglary, receiving stolen property and witness tampering. On Oct. 12, 2022, Ramos-Torres is accused of breaking into the residence of R.B. and retaining R.B.’s Playstation 5 and its accessories. The witness tampering charge accuses him of threatening to “beat [R.B.’s] ass” or kill R.B. if R.B reported Ramos-Torres to the police.
Daniel Richter, 38, l/k/a 88 Cochran Hill Road, Apt. #3, New Boston, two counts of attempted aggravated felonious sexual assault. On Aug. 7, 2021 in New Boston, Richter is accused of trying to get a 17-year-old girl to perform fellatio on him. According to the indictment, the teen was in a vehicle with Richter and told him she wanted to go home. “Not until you suck me,” Richter allegedly told her while driving and pulling his penis out of his pants. “Are you going to do it?” he asked according to the indictment.
Christy Sales, 48, of 170 Bridge St., and Justin Sales, 22, of 494 Wilson St., one count each of conspiracy to commit witness tampering and witness tampering. On March 12, 2023, Christy Sales agreed with Justin Sales to electronically send an audio message he recorded to A.A.
William Santana, 37, l/k/a 19 Forest Road, Hudson, six counts of second-degree assault of child under 13. On Feb. 1, 2022, Santana is accused of beating a 3-year-old boy, striking him in the chest, the ear, both legs, the scrotum and penis, and restraining or striking him on his ankles, causing bruising to all body parts.
Vanessa A. Saraceni, 43, of 82 Blodget St., #1, criminal threatening, deadly weapon. On Feb. 5, 2023, Saraceni is accused of brandishing a knife at NY during an argument.
Kailin Syvertsen, 29, of 199 Manchester St., assault by prisoner. On Feb. 8, 2023, Syvertsen is accused of striking K.P. in the face while being an inmate in official custody.
Jesse Vajgrt, 30, of 13 West Mill St., #3, Hillsboro, aggravated felonious sexual assault, domestic violence. Between June 1 and 30, 2021, Vajgrt is accused of raping A.D. while she was sleeping.
Christopher Viveney, 33, detained in the Valley Street jail, one count of perjury and three counts of witness tampering. During a trial on April 19, 2023, Viveney is accused of making a false material statement while under oath when he testified that R.L. on March 14, 2020, showed him nude and semi-nude photos of herself on her OnlyFans account. The witness tampering counts accuse him of turning off the gas to the home of witness T.C., resulting in her losing her heat on three days in January and February 2023.
Michael Walsh, 35, of 795 Grove St., Apt. 1, receiving stolen property and robbery. On March 7, 2023, Walsh is accused of pointing a BB gun at D.A. and driving off in his Honda CRV.
Robert J. Willey Jr., 37, of 17 Pleasant Lane, Warner, reckless conduct, deadly weapon, two counts. On Feb. 26, 2023 in Hillsboro, Willey is accused of attempting to elude police, drove at 85 mph in a 25 mph zone on Beard Road, and at 45 mph in a posted 25 mph zone as he crossed a narrow bridge, endangering two pedestrians.
David Wilson, 38, transient, robbery and criminal threatening. On Oct. 24, 2022, Wilson is accused of threatening to shoot J.D. when he robbed him of personal property.