State v. Ferguson, 187 A.3d 865

Background

Kean Cabral died in Warwick, New York on April 3, 2016 from a heroin overdose; bags labeled "Trap Queen" were recovered at the scene.
Ferguson and Potts (New York residents) admitted buying heroin in Paterson, New Jersey and later sold portions to Cabral in New York; police found heroin in their car and cellphone records linking a Paterson seller.
Shameik Byrd (Paterson resident) was identified as the source who sold heroin to Ferguson and Potts in New Jersey; police recovered additional heroin at Byrd's home and seized his phone.
A state grand jury indicted defendants on multiple counts including count fourteen: first-degree strict liability for drug-induced death under N.J.S.A. 2C:35-9(a).
Trial court dismissed count fourteen as to Ferguson and Potts for lack of territorial jurisdiction (their distribution to the decedent occurred in New York), but denied dismissal as to Byrd (his alleged distribution occurred in New Jersey).
The State appealed the dismissals for Ferguson and Potts; Byrd appealed denial of his dismissal motion. The Appellate Division affirmed both trial court orders.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether New Jersey has territorial jurisdiction under N.J.S.A. 2C:1-3(a)(1) to prosecute strict liability drug-induced death when the fatal ingestion occurred out-of-state	State: "Distribution" is not limited to the moment of hand-to-hand transfer and can include acts in furtherance occurring in NJ, or possession/transportation in NJ that are intrinsic to distribution	Ferguson/Potts: Actual distribution to the decedent occurred in NY, so no element of the offense occurred in NJ; Byrd: argued similarly or that jurisdictional exceptions apply	Court: No jurisdiction as to Ferguson and Potts because distribution (the statutorily defined element) occurred in NY; jurisdiction exists as to Byrd because his alleged distribution occurred in NJ
Whether the statutory definitions of "distribute" and "deliver" support venue in NJ for Ferguson and Potts	State: Broader interpretation (citing Brunty) allows venue where contributing conduct occurred	Defs: Statutory text defines "deliver" as transfer between persons; possession with intent to distribute is distinct and not "delivery"	Held: Strict textual reading controls; "distribute" requires transfer/delivery and mere possession/transport in NJ is insufficient to establish the distribution element in NJ
Whether N.J.S.A. 2C:1-3(b) or (c) preclude NJ jurisdiction over Byrd because the lethal result occurred in another state	Byrd: Result-based exceptions bar jurisdiction because death happened in NY and NY lacks comparable statute	State: The conduct element (distribution) occurred in NJ and is independently criminal in both states, so exceptions don't apply	Held: Exceptions in (b) and (c) inapplicable — alleged distribution occurred in NJ, so NJ may prosecute Byrd; remoteness defenses remain for jury consideration
Whether the indictment should have been dismissed at grand-jury stage for lack of prima facie proof of jurisdiction	State: Grand jury had sufficient evidence linking Byrd to distribution in NJ; for Ferguson/Potts the State argued sufficient inferences supported jurisdiction	Defs: Evidence did not place the distribution element within NJ for Ferguson/Potts	Held: For Byrd, "some evidence" satisfied grand jury; for Ferguson/Potts, grand jury evidence did not support an inference that distribution occurred in NJ so dismissal proper

Key Cases Cited

United States v. Brunty, 701 F.2d 1375 (11th Cir. 1983) (distribution may include acts in furtherance of a drug sale)
State v. Denofa, 187 N.J. 24 (2006) (territorial jurisdiction is an element that must be proved and requires an inference placing the site of the crime within NJ)
State v. Sumulikoski, 221 N.J. 93 (2015) (criminal jurisdiction methods require a direct nexus to New Jersey)
State v. Maldonado, 137 N.J. 536 (1994) (N.J.S.A. 2C:35-9 applies to all wrongdoers in the distribution chain)
State v. Feliciano, 224 N.J. 351 (2016) (standards for dismissing an indictment at grand jury stage)