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Jury Convicts San Francisco Man in Fentanyl Possession for Sale Case

San Francisco, CA – Today, San Francisco District Attorney Brooke Jenkins announced that her office secured a conviction of Demetrio Macario (32) after trial by jury for possession for sale of dangerous and deadly drugs.  Mr. Macario was convicted of possession for sale of a controlled substance, fentanyl, (H&S 11351) and methamphetamine (H&S 11378). 

“The jury’s verdict holds Mr. Macario accountable and sends a strong message that San Franciscans are fed up and will no longer tolerate open-air drug markets,” said District Attorney Brooke Jenkins.  “My office will aggressively prosecute drug dealers and continue to fight to restore safety to entire neighborhoods that have been held hostage by illegal drug dealing and the violence that it brings for far too long.”

At approximately 8:00pm on March 9, 2023, Mr. Macario was working with an unknown suspect in narcotics trafficking at Seventh Street and Market Street.  Officers observed the suspect retrieve suspected narcotics from a bag held by Mr. Macario.  The unknown suspect was also observed weighing and distributing the suspected narcotics in exchange for cash from several people in the immediate presence of Mr. Macario. When police officers moved to arrest Mr. Macario and the seller, the seller fled. Mr. Macario was apprehended with 99.8 grams of fentanyl (almost 50,000 lethal doses), 79 grams of methamphetamine and an electronic scale.

The case against Mr. Macario was successfully prosecuted by Assistant District Attorney Annie Curtis-Sanchez with assistance from writs and appeals attorney Assistant District Attorney Nicholas Hunt, paralegals Melissa Cruz and David Ma, and interns Mia Hamilton, and Max Dugan. Prosecutors were able to develop a strong case against Mr. Macario based on the outstanding investigative work performed by the San Francisco Police Department’s Tenderloin Plain Clothes Team and Narcotics Unit.

“I would like to thank the jurors for their thoughtful consideration and in holding Mr. Macario accountable,” said Assistant District Attorney Annie Curtis-Sanchez. “It was clear that they reviewed and critically assessed the evidence carefully and focused on the core issues of the trial, returning a verdict that brings justice to our community.”

Between July 8, 2022 and June 22, 2023, the District Attorney’s Office filed 779 felony narcotics cases.  Ninety-five pre-trial detention motions have been sought in the most egregious cases because of the extreme public safety risk posed by drug dealers.  Of the 95 detention motions filed, the court granted 15, denied 26 and 54 are pending.

Currently there are 521 individuals with open bench warrants who failed to appear for narcotics sales cases who were released by the court.  149 of these individuals in bench warrant status have more than one open case.

Mr. Macario has been in custody since his arrest on March 9, 2023.  He faces up to three years in State Prison.  Sentencing is scheduled for July 18, 2023. 

Court Number: 23003557

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