Bay man gets probation for failing to register

A Craighead County man convicted of a sex crime in Missouri in 2007 was sentenced Tuesday by a federal judge in Arkansas to serve three years of probation for failure to register as a sex offender after relocating from Missouri sometime in 2020.

Paul Wayne Clayton, 53, of Bay pleaded guilty to the charge contained in a federal indictment last September before U.S. District Judge James M. Moody Jr.

Clayton was convicted Feb. 28, 2007, in Clarkton, Mo., of second-degree statutory sodomy for a 2004 offense involving a 14-yearold girl. According to court documents, upon his release from prison, Clayton registered as a Level 3 sex offender at an address in Gideon, Mo., but during a compliance check by U.S. marshals and New Madrid County sheriff’s deputies in October 2022, it was noted that the residence appeared to have been vacated. Officers observed that there were no signs of vehicle traffic visible at the residence and a large amount of mail — including nine Missouri State Highway Patrol sex offender registration verification notices dating back to July 2020 — had stacked up in the mailbox.

Further investigation, records said, showed that utilities usage dropped drastically in May of 2020, followed by months of non-usage and non-payment, and that water service was shut off to the residence more than two years earlier, in September 2020.

Investigators later obtained information indicating that Clayton’s vehicle — a 1997 Chevrolet — had been registered to an address in Bay, a town of about 1,900 people between Jonesboro and Trumann. Further investigation, records said, indicated that Clayton was working in Bay and that he sometimes stayed in a house owned by his employer and that as of Oct. 31, 2022, he had not registered as a sex offender with authorities in Arkansas.

Clayton was accompanied Tuesday in court by his attorney, assistant federal public defender Abigail Obana, who requested that Clayton be sentenced to three years of probation, a downward variance from the recommended guideline sentencing range of 10 to 16 months in prison.

Under U.S. sentencing statutes, Clayton could have been sent to prison for up to 10 years for the offense.

In asking for probation, Obana noted that Clayton’s offense of failure to register is a nonviolent offense and said he has been actively engaged in a substance abuse treatment program.

“Today marked six months sober,” Obana said. “That’s the longest Mr. Clayton has been sober in 10 years.”

“I accept all responsibility and I’m sorry,” Clayton told Moody. “Today is my six months sobriety anniversary.”

“Congratulations,” Moody cut in.

“That’s a lot for me and I need to keep it up,” Clayton continued. “Thank you.”

Assistant U.S. Attorney Lauren Eldridge made no objection to probation.

“The government agreed not to object to probation if the court deems that to be appropriate,” Eldridge said, noting that Clayton had been jailed in Missouri for a prior failure to register charge in that state. “I think the main goal of sentence today would be future deterrence of similar activity.”

“The first time you did this you wound up spending five months in incarceration,” Moody said. “Usually I read that as five months wasn’t enough for this guy to get the picture. I can tell you if you do it a third time you probably aren’t going to have a recommendation for probation, and not only that, you’ll have at least one more criminal history point which will put you in a different [guideline range sentencing] category, a Category III, and even if you have the same guidelines, you’re looking at a year-and-a-half.”

Moody, noting Obana’s recommendation and the lack of an objection from Eldridge, said he would agree to the probationary sentence but warned Clayton that another appearance in court would likely land him in prison.

“If this happens again, even if it’s an honest mistake,” Moody said, “you’re likely to do at least a yearand-a-half in prison next time, Mr. Clayton. I just want that clear on some transcript so you can’t say you didn’t know better or you didn’t understand what was put in front of you.

“I will tell you,” the judge continued, “in large part, your sobriety has a lot to do with my sentence. I’m not going to do anything that would cause that to be a bigger challenge for you but if you test positive I’m going to revoke you. I’ll give you a little carrot and a stick to stay on your path and see if you can make it another six months or more.”

In addition to three years of probation, Moody ordered Clayton to participate in substance abuse treatment and mental health counseling.