Terry Hertzler 9 p.m., Nov. 26
Deputy said he noticed heroin user in Vista restaurant
Needles and spoon and baggie of dope reportedly found on suspect
Deputy Marco Weston said he was eating at a Mexican food restaurant in Vista, with his sergeant, when he noticed a man exit the restroom there. It was about 8:45 p.m. on a Thursday evening, March 14, when the officers interrupted their meal at MXN on South Santa Fe Drive.
Deputy Weston said he recognized Matthew John Marsitto, 42, because he had previously contacted the man just a few blocks away; he said at that time Marsitto was found sleeping in a motor home parked at the curb.
When the deputy saw Marsitto again, in the fast-food place, he believed he recognized the signs of heroin intoxication.
“I grew up around it when I was younger,” the deputy told a judge today, April 2, 2013.
Matthew John Marsitto, 42, is charged with possession of heroin, and under influence of heroin, and possession of drug paraphernalia. The prosecutor also alleges a prior conviction for Marsitto, for heroin possession in 1999.
Deputy Marco Weston said he removed a burnt metal spoon and two lighters and six hypodermic needles and a box of Camel Cush cigarettes from Marisitto’s pockets. Inside the cigarette box was a baggie of heroin, the deputy said.
While the deputy was using a field-test-kit, which tested positive for opium, he said the subject was “nodding off.”
San Diego North County Superior Court Judge Michael Kirkman ordered Marsitto to face all charges. The defendant pleads not guilty, and is currently held in lieu of $25,000 bail.
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