Hearings for the final four defendants in a wide-ranging fentanyl distribution conspiracy case dating from 2019 largely went off the rails Thursday in federal court after two defendants tested positive for marijuana use and one was unable to understand his plea agreement.
Gabriel Ellington, Kate Vanvalkenburg, Andrew Zuerlein and Matther Zuerlein, all of Little Rock, were indicted in 2019 on narcotics conspiracy charges along with 19 other people as part of a fentanyl and heroin distribution ring purportedly run by Clifton Williams of Little Rock. Plea agreements for both Ellington and Vanvalkenburg were in place to allow both to plead to a lesser charge of using a communications device in facilitation of a drug trafficking conspiracy, which has a maximum penalty of four years in prison.
The drug ring that authorities said was run by Williams was one of three operating in and around central Arkansas that were broken up at about the same time. The other two, authorities said, were run by Desmond Kelley, 29, and Monterrio Fuller, 34, both of Little Rock.
On Feb. 9, Williams pleaded guilty to one count of distribution of fentanyl resulting in death and is facing a possible life sentence.
Separate indictments in all three cases were handed up by a federal grand jury on the same day, Oct. 2, 2019, and accounted for a total of 39 people indicted on drug conspiracy counts related to distribution of fentanyl in central Arkansas.
On Thursday, two defendants, twin brothers Andrew and Matthew Zuerlein, both 30, tested positive for THC, the active ingredient in marijuana that can also be detected in a number of over-the-counter hemp-derived products.
U.S. District Judge Kristine G. Baker said despite state laws loosening the prohibitions on marijuana, it is still illegal under federal law, which she said is the law that the federal courts must adhere to, regardless of the source.
"It doesn't matter to me if it's THC, CBD or medical marijuana," Baker said. "I'm holding the line and I'm not taking your plea."
She allowed both brothers to remain free on pre-trial release until they can test clean but warned that another positive test could result in both being taken into custody until they can pass a drug screen, which she said could take as long as 30 days.
"Stay away from it," she admonished. "Don't use it. It's a violation of your release conditions."
Baker also refused to allow Ellington, 30, to enter a plea after he appeared unable to understand what he was pleading to, even after repeated consultations with his attorney, Garry Corrothers of Little Rock. At one point, Corrothers said his client appeared to believe he was being pressured to take the plea.
"We don't have to do this today but a trial date's coming, right?" Baker said. "A trial date's coming so I don't know what to tell him."
Baker said she could order a mental evaluation with the Bureau of Prisons, but doing so would drag the proceedings out even longer, possibly by several months. His choices, she said, were limited.
"You have been under indictment since 2019," Baker told him. "It's not going away. Your lawyer has visited with you multiple times to talk about this. We've gathered one time before to talk about this. ... I don't want to rush you but at some point this business of the court needs to be wrapped up by you either pleading guilty or going to trial. That's how this is going to resolve itself."
With an Aug. 22 trial date looming, Baker said time would soon run out for any plea negotiations.
"We've been gathered twice now to do this and the problem, in my recollection, is you being comfortable with what you're going to do and being competent to do it," she said. "That's the problem. You have the right to be comfortable and competent but this is not going away. It's going to end in one of two ways, you either take a plea or go to trial."
Finally, after several more minutes of wrangling, with Ellington alternately saying he wished to plea and expressing confusion over the details of the plea, his attorney expressed uncertainty over how to proceed.
"He knows what's going on but he appears to be laboring under some other issues that, as a layman, I cannot diagnose," the attorney said.
At that point, Baker ordered Ellington to undergo a mental evaluation and remanded him back into federal custody.
Only Vanvalkenburg, 29, was allowed to enter a plea, despite having tested positive for alcohol use in a pre-hearing drug screen. Because no other drugs were present, Baker allowed the hearing to proceed after Vanvalkenburg's blood alcohol content tested at 0.00% on a breathalyzer. She admitted to having taken a drink about 12 hours before the hearing after getting off work the night before.
"It's a violation of your conditions to drink any alcohol," Baker said at the outset of Vanvalkenburg's hearing. Understand? You have any questions about it?"
"It's clear now," Vanvalkenburg replied.
Assistant U.S. Attorney Benecia Moore outlined the case against Vanvalkenburg, who she said was picked up on a wiretap 56 times in three weeks discussing fentanyl sales with Williams.
Vanvalkenburg pleaded guilty to use of a communications device to facilitate a drug trafficking conspiracy, which has a maximum penalty of four years in prison. She will be sentenced following completion of a pre-sentencing report by the U.S. Probation Office.
To date, four defendants in the Williams case have been sentenced to prison terms ranging from 12 months and 1 day to 37 months. Four were sentenced to time served and charges against three were dismissed. Including Vanvalkenburg, nine defendants have entered pleas and are awaiting sentencing.