A Cleburne County man associated with one of three fentanyl distribution rings operating around Central Arkansas in 2018 pleaded guilty Friday to a federal drug conspiracy charge, and faces possible sentence of up to 20 years in prison.
John Clark, 32, of Heber Springs, was indicted in October 2019 along with eight other people on charges of conspiracy to distribute fentanyl and heroin. Authorities said the ring was run by Monterrio "Money" Fuller and was responsible, along with trafficking rings run by Desmond Kelley and Clifton Williams, for the distribution of pound quantities in Central Arkansas.
Clark appeared before U.S. District Judge Brian Miller at the federal courthouse in Little Rock to enter his plea.
Assistant U.S. Attorney Julie Peters said that the government had reached an agreement with Clark to plead guilty to the drug conspiracy count in exchange for the dismissal of one count of using a telephone to further a drug crime. She said the amount of fentanyl involved was 4 grams, which she said resulted in a base offense level of 12, under the plea agreement.
Clark was intercepted over a government authorized wiretap on Fuller's phone negotiating a fentanyl purchase of just under 4 grams of the powerful narcotic he purchased on Sept. 5, 2018, Peters said previously. The following day, she said, Clark was again intercepted calling Fuller, this time saying he was going to collect money to purchase more fentanyl.
"I've got to go collect some money and then I've got a big order coming later on," Peters quoted Clark as saying. "I'm picking up everybody's money."
After considering mitigating factors, Miller asked how long Clark looked to spend in prison.
Clark's attorney, Lauren Elenbaas of Conway said it was unclear at that time what criminal history category determination he would receive.
Another uncertainty in the case involved the issue of detention. In drug cases with a potential sentence up to 10-plus years in prison, Miller said he was required by law to take the defendant into custody upon a guilty verdict or plea except in a case of exceptional circumstances favoring release.
"I follow the law fairly strictly," Miller said. " What has to be shown is, not that he should be locked up, but that there's some exceptional circumstance that would favor leaving him out."
Elenbaas said along with the pandemic, which has created problems throughout the state and federal detention centers statewide and restricted attorneys access to their clients, she said. Clark was currently trying to resolve a divorce involving custody of a child.
Peters argued that, under the law, Clark should be detained because the nature of his offense .
"If you look at the factual basis, he is buying for himself and for others," Peters said.
"If he's picking it up for somebody and delivering it to them, he's a drug dealer," Peters said.
"I understand that," Miller replied. "It's almost like if I'm going down to the liquor store and pick up liquor for everybody, I'm not also a liquor seller... But if he's taking it and going out there selling it to different people, that's a different story."
Referring to the recorded conversations between Clark and Fuller, Peters said the interpretation of Clark's comments indicated that he was dealing drugs.
"Our interpretation here is that's a distributor," she said. 'This is a distribution case."
"If you read that literally, you're absolutely right," Miller said. "But ... if I go to the liquor store and pick up liquor for everybody then take it around and collect their money, ... am I a liquor seller or am I just somebody picking it up for my buddies? The law may see no difference in that."
"Your honor, this is fentanyl," Peters said. "We're in an opioid epidemic and anybody could die from the drugs that he hands them."
"Needless to say, he pled guilty," Miller said. "I'm just trying to figure out exactly what he's doing."
Then, pointing to Elenbaas, Miller said, "OK, last words?"
"You kind of took my argument from me so I'm going to rest on that," Elenbaas said.
Ultimately, Miller decided Clark's divorce qualified as an exceptional circumstance to allow him to remain free on bond, pending sentencing, but he cautioned him that he would not grant any extensions.
"I don't want to get to sentencing and have Mr. Clark come in and say 'Well Judge, I've still got this divorce I'm dealing with, so let me stay out even longer to deal with it,'" Miller said. "Whatever decision I make regarding prison time is going to be made based on the record I have in front of me. I'm not going to consider divorce and child custody and all of that in making that decision."