A federal judge Wednesday handed out sentences to two men at opposite ends of the spectrum in a heroin-trafficking case centered in Cabot that led to the deaths of two young men.
One of the defendants, Keith Sanders, was considered a major player in a trafficking operation that brought heroin to the Cabot area in 2011. The other, Alex Evans, was described by prosecutors as having a "minor role" in the case because he sold only small amounts of the illegal drug.
Sanders, also known by the nickname "Key," faced a mandatory minimum five-year sentence in connection with his July 14 guilty plea to a charge of conspiring to distribute and to possess with the intent to distribute between 100 grams and 1 kilogram -- 3.5 ounces to 35.3 ounces -- of the drug, a Schedule I controlled substance, between May 1, 2011, and June 26, 2012.
The 27-year-old Memphis man was given a 30 percent reduction in the sentence based on what prosecutors said was "substantial assistance" he provided in the investigation. He was sentenced to 42 months, or 31/2 years, in prison, along with recommendations to the U.S. Bureau of Prisons that he participate in the prison system's vocational, educational and substance abuse programs, as well as mental health counseling.
"You were involved in this very serious drug conspiracy in which many people were hurt and some people died," U.S. District Judge D. Price Marshall Jr. told Sanders, also noting that Sanders has an extensive criminal history. But the judge said Sanders had cooperated with prosecutors and faced "difficult circumstances" growing up. He also told Sanders, who stood alongside defense attorney Dale Adams,"You have great promise as a young man."
The nature of Sanders' cooperation, which resulted in 18 months being knocked off his sentence, was discussed in a closed hearing. The circumstances he faced growing up were detailed in a sealed pre-sentence report.
In a second hearing later in the day, Marshall sentenced Alex Evans, 24, of Cabot to three years' probation -- to include 150 hours of community service work and a $1,000 fine -- for his July 28 guilty plea to a charge of distributing less than 5 grams -- 0.18 of an ounce -- of heroin. Marshall said the community service work must consist of something that will educate young people about the dangers of drug use and that Evans must perform at least 50 hours of the work each year that he is on probation.
Evans was praised at the hearing by his mother, the judge and even prosecutors for his behavior since his arrest in July 2012, when he, Sanders and six other men were jointly indicted in the case.
His mother said that while prosecutors have credited her for her son's willingness to follow all the rules of his pretrial release while living with her, "actually, Alex has done everything. He has been very motivated."
She said he leaves home about 5 a.m. each day to go to work for a roofing company, then comes right home after work and studies before going to bed. He attends the University of Arkansas at Little Rock, where he said he is majoring in civil engineering but is considering changing his major to construction management.
"He is a good person, and he really wants to be a productive member of society," Teresa Evans told the judge.
Assistant U.S. Attorney Chris Givens told the judge that his office believes probation is "appropriate" in Evans' case, noting, "He's had a lot of chances to mess up and hasn't. We believe he is on a new path in life."
Givens added that Evans "was not a major distributor," as were others in the case. He also noted that of all the defendants in the case who were initially allowed to remain free pending trial, Evans was the only one whose pretrial release wasn't revoked.
"I'm doing my best to put my past in the past without forgetting how I got to where I am today," Evans told the judge.
Among the requirements of Evans' probation are that he keep working or attend school full time, and that he continue in a drug treatment program that includes random drug testing.
The heroin that was sold in Cabot and elsewhere in central Arkansas was all traced to Wallando Onezine, 42, of Cabot, who was considered the main supplier. Onezine is serving a 10-year sentence after pleading guilty to the main charge of conspiracy June 19. Because of his criminal history and the two deaths, he faced an automatic life sentence if convicted at a jury trial.
When the eight men were indicted, U.S. Attorney Chris Thyer said that in addition to the deaths of two men who used the heroin sold by Onezine, seven other young adults in central Arkansas experienced nonfatal overdoses.
The first fatal overdose occurred Oct. 27, 2011, when 19-year-old Jared Maxwell of Little Rock ingested the drug while sitting in a car with two friends outside a Sonic Drive-In in Cabot. The second fatal overdose occurred March 24, 2012, when 25-year-old Dustin "Dusty" Harris died in a Morrilton hotel room, where his wife found him. She told agents she had gone with him earlier to buy syringes, and a Drug Enforcement Administration agent testified that a surveillance video showed Harris buying the syringes after meeting with another defendant in the case, Justin Pennock, at a gas station the previous day.
Pennock pleaded guilty to the conspiracy charge July 28 and is scheduled to be sentenced Dec. 18.
Metro on 12/11/2014