Drug suspect to stay out of jail

Despite violations, prosecutor joins call for leniency

A Little Rock man accused in a multicount indictment as part of a drug conspiracy to distribute large quantities of fentanyl was allowed to remain free while his case proceeds after a hearing in federal court Thursday.

Brandon Danner faced a motion to revoke his pretrial release bond after numerous alleged violations when the assistant U.S. attorney joined with his defense attorney in asking for him to be given a last chance.

Danner is named as a co-defendant in an indictment alleging that he, along with two of the 22 other co-defendants named in the indictment, conspired to distribute more than 400 grams of fentanyl in the Eastern District of Arkansas between June 2018 and October 2019. Danner is also accused in the indictment of possession of heroin with intent to distribute as well.

On Oct. 24, 2019, according to court records, Danner pleaded innocent to the charges before U.S. Magistrate Judge Beth Deere and on May 15, 2020 he was released on supervised pre-trial release by U.S. Magistrate Judge J. Thomas Ray. On Feb. 22 this year, the U.S. Probation Office filed a motion to revoke Danner’s bond, alleging numerous violations occurring between June 16, 2020 and Feb. 2, 2021.

The petition alleged that from June 16 to Oct. 6, 2020, Danner had tested positive for marijuana use five times, had submitted one diluted urine sample, and had not shown up for six drug screens. Then, according to the petition, he had stayed clean until Jan. 26, when he tested positive for marijuana, and tested positive once again on Feb. 2.

Both Assistant U.S. Attorney Benecia Moore and defense attorney Misty Borkowski told Chief U.S. Magistrate Judge J. Thomas Ray at Thursday morning’s hearing that the allegations were not contested, that Danner would admit to all of the violations.

Borkowski argued that Danner had remained employed by his father since his release, as well as securing other employment, and said he had a stable work history.

“He has acknowledged that there are violations involving marijuana,” Borkowski said. “He has gone through 30-day treatment and actually did well.”

She said he had received positive reviews from the treatment center but had had two recent setbacks. She said Danner had recently suffered a job loss and that two of his cousins had recently died after contracting covid-19.

“It’s not to excuse that he used in January and February but it’s by way of explaining that he pretty much hit a rough spot and that’s what he turned to,” she said. “We’re asking the court for grace and mercy in this case.”

This one is,” Moore began, haltingly, “I’m not quite sure what to do with this one, Your Honor, this is his first time…”

“That’s good Ms. Moore,” Judge Ray interrupted, “because you don’t have to make that decision. I do.”

Moore said she agreed with Borkowski, that Danner had been doing well until recent events had overwhelmed him and he had turned to marijuana.

“We had these two most recent positives and I want to say he hasn’t had anything since Feb. 2 but I know he hasn’t had anything since the petition was filed,” Moore said. “So the government would agree that if the court is willing we would like to give him another chance.”

Turning his attention to Danner, Ray went over his record of infractions and said his record from June to October 2020 left much to be desired.

That’s a horrible record,” Ray said, sternly. “That’s a record of I don’t care what the judge said. I know he said I can’t use drugs but I’m just going to smoke dope anyway, and that’s what you did.”

Ray noted that after Oct. 6, Danner had gone into treatment and successfully completed it, but relapsed near the end of January.

“What is in your favor is that you have a really good lawyer,’ Ray said. “And you also caught a break because you have Ms. Moore, who is one of our absolute most reasonable United States attorneys… Based on those two factors alone I’m going to give you another chance.”

Then Ray’s tone hardened and he stared straight at Danner.

“If I see you in this courtroom again I am going to lock you up,” he said, adding that it could be many months before Danner’s case is finished.