Federal magistrate releases Little Rock drug and firearms offender to his mother

A Little Rock man indicted last month on federal firearm and drug charges was released by a federal magistrate judge to the temporary custody of his mother until space opens up for him in a drug rehabilitation facility.

Miguel Velasco, 36, was arrested by North Little Rock police April 6, 2021, after a traffic stop at 20th Street and Pike Avenue when police discovered methamphetamine, MDMA, marijuana and a Taurus 9mm handgun in the vehicle. According to an arrest report, Velasco was a passenger in a black Toyota driven by a Little Rock woman, Fabiana Garcia, who was not arrested.

According to the arrest report, the vehicle was stopped after police noticed that Velasco was not wearing a seatbelt. As police approached the vehicle, the report said, the odor of marijuana could be detected coming from the vehicle. After learning Velasco was on parole, a search was conducted and the items were found. He was arrested after he admitted that the items belonged to him.

Velasco was charged in Pulaski County Circuit Court with possession of methamphetamine with intent to deliver, possession of a schedule IV controlled substance with intent to deliver, simultaneous possession of drugs and firearms and possession of firearms by certain persons.

In a separate incident in February, according to an arrest report, parole officers arrested Velasco after finding drug paraphernalia and a Glock .40-caliber handgun during a home visit at a home on Colonel Glenn Road. He was charged with a number of drug and weapons charges, including possession of methamphetamine with intent to deliver, possession of a schedule IV controlled substance with intent to deliver, possession of drug paraphernalia, maintaining a drug premises, trafficking controlled substances, simultaneous possession of drugs and firearms and possession of firearms by certain persons.

A federal indictment handed up under seal by a grand jury in Little Rock on Sept. 8 charged Velasco with two counts each of possession of a firearm by a felon, possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.

On Wednesday, Velasco appeared before U.S. Magistrate Judge Edie Ervin with his attorney, Christophe Tarver with the Federal public defenders office in Little Rock, who proposed that Velasco be released into the custody of his mother, Angelina Avila of Little Rock. Avila testified that Velasco had lived with her since 2020 after his release from prison but would sometimes spend the night with Garcia, until her death on March 22.

Garcia, 31, was killed in a car crash on Interstate 430 near the Colonel Glenn Road exit when the 2010 Dodge Avenger she was driving blew out a tire and she lost control of the vehicle.

Avila agreed to report to the U.S. probation office if her son violated the terms of his release and she agreed with Tarver that he should receive drug and mental health treatment.

"I really do think he needs help," Avila said. "After all, his girlfriend was killed and he has a lot inside that needs to come out."

Assistant U.S. Attorney Lauren Eldridge conceded that the question of release versus detention was a close one, citing Velasco's limited criminal history, but said, "we're dealing with two separate offenses here." She noted that Velasco's 2021 arrest happened about a year after he was released on parole from the Arkansas Department of Corrections.

"Mr. Velasco has not performed well in prison either," Eldridge said, noting that he had been disciplined 13 times for refusal to obey orders, had 24 absences from his work assignments and was disciplined for bringing contraband into the prison. She said he also had three charges of absconding and three revocations while on parole.

"In or out of custody," she said, "Mr. Velasco has problems with authority."

Of the 2021 arrest, Tarver said, "that situation is not as clear cut as the government would have you believe." He said the car didn't belong to Velasco or Garcia, but was borrowed from a friend, leaving a question hanging as to who the drugs and gun truly belonged to. Tarver said Velasco has lived in Little Rock for many years and has strong ties to the community.

Ervin agreed to release Velasco to his mother's custody until space in rehab opens up but she warned him that any violations of his release conditions would likely result in his detention until trial along with other possible sanctions.

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