NORWICH – An accused heroin trafficker wants to be treated for his alleged addiction rather than face incarceration, citing a new legal statute which gives judges the sole power of deciding the issue without prosecutor’s consent.

Following months of investigation by the Norwich City Police and New York State Troopers, police arrested 39-year-old David A. Cahill and his 21-year-old live-in girlfriend, Rachael A. Cummings, on charges of trafficking heroin at their residence at 4 Lee Ave., on Sept. 30.

After waiting nearby for Cahill’s three children, ages 5, 7 and 9, to board the school bus, police swept through the home, deploying concussion grenades and crashing through the residence’s front and rear doors.

On Oct. 28, Cahill was indicted for third degree criminal possession of a controlled substance, a class B felony, and first degree criminal nuisance, a class E felony. Neither of the charges are considered violent crimes.

Police seized nine individually-wrapped packages of heroin stamped with the words “Game Over” on them. The total value of the drugs seized was estimated to be around $200.

First Assistant District Attorney Stephen Dunshee said at a prior court hearing that Cahill had past arrests in his home state of Connecticut for multiple drug-related offenses, including sale and possession. Dunshee also said Cahill’s past acts in the state included fleeing and fighting with police.

In court Monday, Assistant District Attorney James Chamberlain also recalled the past charges, saying Cahill had served time in prison, but did not elaborate on the details.