Formerly silent heroin dealer wants to withdraw guilty plea

When Gerald Petion resumed talking after refusing to speak in court for 12 months, court officials thought their problems were over.

But Petion, also known as “Gangsta,” had other ideas.

He was scheduled to be sentenced to federal prison Monday after admitting, in May, that he sold heroin linked to a man’s near-fatal overdose last year in Delray Beach. He pleaded guilty to drug-trafficking and firearm offenses.

Minutes before his sentencing was scheduled to start, Petion said he wanted to withdraw his guilty plea and fire his attorney, Assistant Federal Public Defender Peter Birch.

Petion remained politely silent and unresponsive in court for the first year after the charges were filed. He was never physically disruptive but avoided eye contact and ignored questions during 10 or so court hearings in West Palm Beach.

He succeeded only in slowing down the progress of his case and racking up the cost of prosecuting him. He remained jailed the whole time.

Judges and attorneys for both sides are legally required to ensure that a person understands the charges and can assist in their own defense.

Experts eventually concluded that Petion was faking mental illness.

Despite Petion’s prior maneuverings, the Monday move took everyone by surprise.

Birch apologized and said he had no warning until 15 minutes before the hearing.

“There is simply no basis for the defendant to withdraw his plea,” prosecutor John McMillan told the judge. He also said that Birch is “one of the finest public defenders” in the district.

Petion, 33, of Pompano Beach and Delray Beach, faces a maximum of life in federal prison. Prosecutors had promised to recommend a punishment of 20 years, as part of the written plea agreement.

The prosecution informed Petion that what he did in court on Monday violated the terms of the plea agreement he signed, which means they are no longer required to recommend the 20-year punishment.

Petion admitted he sold heroin that caused a man to die — briefly — on March 14, 2016, in Delray Beach. Prosecutors said emergency workers resuscitated the victim, using a narcotic-blocking drug, and he survived.

If Petion is allowed to retract his guilty plea, the case would go to trial and he would face a maximum of life in prison, if convicted. If he is not allowed to withdraw the guilty plea, the sentencing will be rescheduled.

U.S. District Judge Robin Rosenberg agreed to postpone the sentencing until another judge can rule on Petion’s requests.

Petion