Couple Faked Positive COVID-19 Tests To Delay Husband's Trial: DA

SUFFOLK COUNTY, NY — A Manhattan couple is being accused of faking positive COVID-19 tests to delay the husband's criminal trial for drug charges that took place in the Wyandanch area, Suffolk County District Attorney Timothy Sini announced on Monday.

Devon Lewis, 35, and Blair McDermott, 36, were both charged with two counts of second-degree forgery, two counts of first-degree offering a false instrument for filing and two counts of second-degree criminal contempt, the DA said. Lewis was also charged with third-degree.

On Sept. 17, the jury trial against Lewis, who was indicted on multiple criminal charges relating to the sale and possession of cocaine and heroin in Wyandanch, began, according to the DA.

Closing arguments in the trial were scheduled for on Sept. 24, however, the day before, Lewis provided the court with a photo of a document to show that McDermott had tested positive for COVID-19 that day meaning the two had to go into quarantine, the DA said. The trial was then suspended and expected to resume after McDermott received a negative COVID test, the DA said.

During a virtual conference on the case on Oct. 1, Lewis told the court that he and McDermott were quarantining in their home in Manhattan, according to Sini. Then on Oct. 14, Lewis’ defense attorney submitted to the court a photo of a document provided by Lewis to show that McDermott had tested positive for COVID again on Oct. 8, the DA said.

After McDermott received a negative COVID test, the trial resumed on Nov. 12, the DA said. Lewis was convicted by the jury the next day of 12 felony narcotics charges and was remanded without bail.

An investigation by the DA's office revealed that McDermott had allegedly altered the documents submitted to the court to show positive COVID test results when she actually tested negative, according to the DA.

She also allegedly changed the date of the initial COVID test taken on Sept. 17, the DA said. A search warrant was executed on Lewis’ cellphone after his conviction, which had evidence that Lewis and McDermott knowingly provided the false documents to the court, Sini said. The cell phone analysis also revealed that during the time the couple was supposedly quarantining at their Manhattan home, they had actually traveled to New Jersey, Pennsylvania and Maryland, visiting several hotels and casinos, the DA said.

In addition, in August Lewis provided the court with a doctor’s note stating that he had asthma so any jail sentence imposed during the coronavirus pandemic would be a health risk but an investigation found the note was forged, the DA said.

"It is reprehensible that someone would claim to have this deadly virus, which has taken so much from so many people, to try to avoid the consequences of their own criminal actions," Sini said. "This was a completely selfish, senseless attempt to subvert our criminal justice system and delay the inevitable, but there’s no escaping justice in Suffolk County. You will get caught and you will be prosecuted."

Lewis was arraigned virtually on the indictment on Monday by Suffolk County Supreme Court Justice John B. Collins and was remanded without bail. He is due back in court on Feb. 16.

McDermott was arraigned virtually on Dec. 23 and was released on her own recognizance. She is due back in court on Jan. 22.