2 in drug, gang cases get bail hearing
Judge sends one defendant to rehab, the other back to jail to await trial
Two defendants recently indicted as part of an investigation into gang violence and drug trafficking appeared for bail hearings before a federal magistrate judge Tuesday, with one ordered to report to inpatient drug rehab and the other ordered to remain in jail until his case is resolved.
U.S. Magistrate Judge Joe Volpe allowed Jay Slaughter, 31, of Blytheville, to leave jail Tuesday and ordered him to report to the Northeast Arkansas Regional Recovery Center in Jonesboro on Dec. 28. Slaughter was indicted Nov. 1 along with 34 other people believed to be members or associates of the street gang known as “EBK,” — Every Body Killas — that is active in Pine Bluff and Little Rock. He is charged with conspiracy to distribute marijuana and use of a communications facility in furtherance of a drug trafficking crime.
Donell Lakeith Reed, 49, of Pine Bluff, was named in a second indictment naming 26 people suspected of drug trafficking activity connected to a rival gang known as Lodi Murder Mobb as well as the EBK indictment. Volpe ordered Reed to remain in jail after determining that his criminal history made release too risky. Reed was charged in the EBK indictment with conspiracy to distribute marijuana and in the Lodi Murder Mobb indictment with conspiracy to distribute marijuana and fentanyl, possession with intent to distribute fentanyl, possession with intent to distribute marijuana and use of a communications facility in furtherance of a drug trafficking crime.
Slaughter’s attorney, Toney Baker Brasuell of Little Rock, argued that despite a number of arrests on his client’s record, Slaughter had no felony convictions. But Assistant U.S. Attorney Amanda Fields argued that one of those arrests was for a murder in Blytheville in 2010 and another in 2017 for carrying a weapon. Charges were dismissed in both cases.
FBI Special Agent Jeff Highfill, one of the investigators, said that several eyewitnesses told Blytheville police they had seen Slaughter running away from the scene where Leon Henderson III was shot late in the evening on June 15, 2010. Highfill said it was believed the shooting was related to gang activity in the area but the case was nolle prossed (dismissed) after police were unable to locate an eyewitness to the shooting who police later determined had given them a false name.
On another occasion, in March 2017, Highfill said that Slaughter was pulled over by Blytheville police for a burned out license plate light but pulled into a driveway of a residence and tried to walk into the house. Highfill said he was found to have three failure to appear warrants, was driving on a suspended license, and was in possession of a set of brass knuckles.
Highfill said Slaughter was also investigated for another shooting incident in October 2018 and was stopped in Dec. 2018 on suspicion of driving under the influence of narcotics in which police found a Glock .45 caliber pistol in the back seat of his car. In addition, in February 2019, Slaughter’s girlfriend reported him for striking her “numerous times in the face,” “with both open and closed fists” while she was holding their child but Highfill said there was no record of the woman following up on the report.
Highfill said that Slaughter was intercepted on a number of wiretaps that indicated his involvement in the conspiracy and in gang activity.
Brasuell suggested an alternative release plan that would require Slaughter to go to inpatient drug rehabilitation to be followed by chemical-free living under the supervision of the treatment facility.
“According to the pre-trial services report,” Volpe said, “it does look like he would benefit from rehab.”
Fields argued that despite no criminal convictions, Slaughter had a history of violence and refusal to comply with orders from law enforcement or other authorities.
“Even when he doesn’t have to break the law he chooses to,” she said. “Like driving on a suspended license, silly things like that. … I feel like his history is the best indicator of future performance and I don’t have much confidence he will comply.”
But Brasuell argued that Slaughter could wind up spending substantially more time behind bars awaiting trial than he would be likely to be sentenced to if he were to be found guilty.
“Let’s give him a chance,” Brasuell argued. “He’s looking at a five-year cap on the marijuana charge and four years on the phone.”
Volpe warned Slaughter that if he were to violate the terms of his release, he would likely go back to jail for a period that could wind up being several years.
“There’s people who would walk on hot coals or do back flips to get into rehab,” Volpe told Slaughter. “If you blow it you won’t get a second chance.”
Reed’s attorney, Jordan Tinsley of Little Rock, presented two alternatives for third-party custodian for his client; Reed’s longtime friend and barber or his sister. Both Lawrence Polk of Redfield and Yolanda Scott of Pine Bluff agreed to act as third party custodian for Reed. Both said they knew of his arrests for marijuana but neither was aware of his arrest for fentanyl, which Scott said she didn’t believe her brother was involved in.
“Now that seems off,” she said. “That doesn’t sound right at all.”
“You mean you don’t believe your brother did it?” Fields asked.
“No,” Scott replied. “Not at all.”
Highfill testified that Reed was intercepted on numerous wiretaps related to both indictments, that more than 250 pounds of marijuana had been seized from him in various locations and that he was suspected of delivering pills containing fentanyl for Anthony Rogers, the reputed leader in the Lodi Murder Mobb indictment.
Volpe said the evidence indicated that Reed, who has been convicted twice before in federal court for marijuana trafficking, would likely continue breaking the law if allowed to remain out of jail.
“What I can’t get past is Mr. Reed is almost 50 … and this will be his third federal case,” he said. “These wire cases are devastating and the evidence that unfolds from them is very telling. … We have multiple search warrants executed and large quantities of marijuana that are found. “
Regarding the pills containing fentanyl, Volpe took a hard line.
“You know people, I know people, people in this room know people that have children that have just dropped dead from taking one of these,” he said. “They thought it was an oxy, they thought it was a roxy or whatever and they’re never coming back.”