Drug-case suspect to stay in jail; 2 let free until trial

bail hearings Monday, a Little Rock woman facing federal drug trafficking charges was ordered to stay in jail until her case is resolved while two of her co-defendants were allowed out, with restrictions, to await trial.

Robin Nelson Flanagan, Gustavo Flores Jr. and Patrick O’Neal Stevens — three of the nine people charged Feb. 3 in a nine-count indictment by a federal grand jury, alleging they were part of a drug distribution conspiracy that operated in Central Arkansas from February 2020 until last month — appeared in federal court for hearings Monday.

Flanagan is charged with conspiracy to distribute methamphetamine and distribution of methamphetamine, while Flores and Stevens face one count each of conspiracy. Flanagan and Flores, according to investigators, were the two major methamphetamine suppliers to co-defendant Brian Jeffrey Litton, who is facing one count of conspiracy and five separate distribution charges. Litton was released on bond March 1.

Flanagan and Litton were named in a 2006 federal indictment in which both were charged with drug trafficking. Flanagan was sentenced to 24 months in federal prison, and Litton was sentenced to 10½ years with credit for time served.

Through her attorney, Theodis Thompson Jr. of Little Rock, Flanagan had asked that she be released to the custody of her mother, Sandra Nelson of Vilonia.

Assistant U.S. Attorney Anne Gardner told U.S. Magistrate Judge Patricia Harris that Flanagan, if allowed out of jail, would pose an unacceptable risk to the community, pointing to her past convictions and release revocations as evidence that Flanagan would not comply with the court’s instructions.

“This is Ms. Flanagan’s third time in federal court,” Gardner said. “She was here for the same conduct back in 2006. She was actually given a break and allowed to plead to a 371 conspiracy [to defraud the United States] and did 24 months in the Bureau of Prisons.”

In 2012, Gardner said, Flanagan was again indicted on drug trafficking conspiracy charges and was later sentenced to 78 months in federal prison. While on supervised released for that conviction, Gardner said, Flanagan was indicted on the current drug trafficking charges.

A Drug Enforcement Administration task force officer testified Monday that Flanagan was suspected by investigators of supplying as much as 7 kilograms, or more than 15 pounds, of methamphetamine every four to six weeks to Litton, who then resold it to various people around Central Arkansas.

Thompson argued that nothing in Flanagan’s history suggested she would pose a danger to the community or a flight risk if she were released.

“My client has no current or prior violent history,” Thompson said. “The current charges are not violent in nature. My client has been a resident of Arkansas for more than 40 years, and prior to her arrest she was gainfully employed.”

Questioning Nelson on the witness stand, Thompson asked how she would ensure Flanagan’s adherence to any release conditions the court might impose, as well as what she would do if her daughter violated those conditions.

“The first thing I would do is contact her probation officer immediately,” Nelson said. “If I found drugs or if I think she was under the influence, I would call them.”

“What I believe is that you run a tight ship at your house,” Thompson said. “Is that how you run your house when you find things that are not suitable or are illegal in your house?”

“What I did one time when Robin was under the influence,” Nelson said, “I talked to the police officer with the county, and they said they couldn’t do anything about it because she was living in the home so I had to have her evicted.”

Gardner, however, cited repeated violations of her release conditions in the past when Flanagan was placed under her mother’s supervision as third-party custodian. In a contentious exchange, during which Nelson denied any knowledge of Flanagan violating her release terms, Gardner noted that Flanagan was twice cited for pretrial release violations in 2006, then cited for another violation after she pleaded guilty and was awaiting sentencing.

Gardner said Flanagan was again arrested on drug trafficking violations in May 2012, a few months after she was released from prison following her first conviction, and was convicted and sent to prison in 2014. Then, Gardner said, Flanagan became involved in drug trafficking once again after being released in 2018, leading to the charges she currently faces.

Despite Thompson’s assertions that the government’s reasoning for requesting detention did not mesh with the prosecution’s arguments, Harris was convinced by Gardner’s argument that Flanagan had flouted past conditions imposed on her.

“I recognize that there is not a history of possessing firearms and I recognize that there is not a history of violence on the defendant’s part,” Harris said, as she ordered Flanagan to remain in jail. “This is a unique case to me because this defendant continues to commit the same behavior over and over and over despite two federal convictions for that behavior.”

After the hearing, Flanagan, masked, shackled and dressed in jeans, a beige pullover and hiking-style boots rather than the standard-issue jail jumpsuit, was escorted from the courtroom by federal marshals to be taken back to jail.

At Flores’ hearing, which began a few minutes later, Gardner also argued for pretrial detention, but Harris demurred, saying she believed the assurances of Flores’ sister, Blanca Gibbs, that Flores would be properly supervised.

Gibbs said her husband would be on hand all day thanks to his job working from home and that she would be present every night and on weekends.

Gardner argued that Flores had convictions for violent crimes in his past and would pose a danger to the community if he were let out of jail, but his attorney, Marjorie Rogers of Little Rock, argued that those convictions had happened over 20 years ago.

“Your criminal history does give me pause because of two convictions involving firearms,” Harris said. “Because these are over 20 years old, I’m going to find that there are conditions I can reasonably impose.”

Harris placed Flores on home detention in the custody of his sister and brother-in-law, restricting him to the residence other than for work, for meeting with probation officials or his attorney, and for a few other allowances.

During a brief hearing Monday morning, Stevens was released into the custody of his father under standard release conditions after Gardner told Harris that she and Stevens’ attorney, Jonathan Lane of Little Rock, had agreed to his release.