Jury sentences habitual offender to serve 12 years on DTF charges
A habitual offender was sentenced to 12 years in prison Friday on drug charges stemming from a 2019 sting operation by the local drug task force following a two-day jury trial in Garland County Circuit Court.
Marty Lynn Campbell, 52, who was reportedly homeless at the time of his last arrest, was found guilty of delivery of meth and possession of drug paraphernalia and sentenced to 12 years on each count, to run concurrently, while the jury found him not guilty of a third felony charge of unlawful use of a communication device.
“The confidential informant had called the phone (Campbell) answered and there was more than one person on the line so it wasn’t like texts,” Chief Deputy Prosecutor Kara Petro, who prosecuted the case along with Deputy Prosecutor Trent Daniels, said Friday in explaining the jury’s possible reasoning on the third count.
Petro said she felt their decision was fair and noted, “I thought it was a good jury. They cared and were attentive. They even stayed after they were released to see the sentence imposed.”
Daniels noted they had made a plea offer to Campbell to amend the delivery and paraphernalia counts, both B felonies punishable by up to 20 years, to C felonies punishable by up to 10 years, which would have put them “below the grid,” meaning he could be paroled sooner, but he refused the plea and wanted to go to trial.
“So he got convicted on the B felonies which are above the grid,” he said, meaning he will have to serve more time before he is eligible for parole.
Petro noted the original offer was three years in prison followed by seven years suspended which was done to “try to protect the confidential informant’s identity.”
Daniels, who serves as acting commander of the 18th Judicial District East Drug Task Force, which worked the sting operation, noted the informant had to testify at the trial along with one of the investigators.
Campbell is classified as a habitual offender with multiple prior convictions in Garland County, including on April 11, 1989, for two counts of theft by receiving, two counts of burglary and one count of theft of property, where he was sentenced to 15 years in prison, all suspended; on Dec. 12, 1990, for burglary and theft by receiving where he was sentenced to 10 years in prison, but later paroled; on July 27, 1993, for theft by receiving where he was sentenced to 30 years in prison, but later paroled; and on Aug. 31, 2009, for felony fleeing where he was sentenced to five years in prison.
According to the probable cause affidavit, between the dates of May 1 and June 1 in 2019, DTF investigators utilized a confidential informant (CI) to conduct a controlled purchase of meth from a white male positively identified as Campbell at a predetermined location in Hot Springs/Garland County.
“The aforementioned C.I. has been proven to be truthful, accurate and dependable. The CI has provided service in the form of information, making controlled purchases, and assistance to the affiant,” other DTF investigators and the U.S. Department of Homeland Security for a period of approximately four years, the affidavit said.
The weight of the meth purchased from Campbell during the first controlled purchase was over 2 grams but less than 10 grams, qualifying it as a B felony. The substance purchased was field tested and showed a positive reaction for meth.
The charges against Campbell were filed directly to Garland County Circuit Court on Oct. 2, 2020, and a warrant was issued that same day. He was arrested on the warrant on March 28, 2022, and was later released on a $10,000 bond. He failed to appear for his arraignment on April 6 and a warrant was issued on April 11.
He was arrested again on April 19 and held on a zero bond. He pleaded not guilty to the charges on May 4 and a motion was filed to reduce his bond which was granted and he was released again on a $10,000 bond on June 20.
He was arrested on Sept. 7, 2022, for felony fleeing and his earlier bond on the drug charges was revoked and he has remained in custody since then. The fleeing count is still pending and is set for a hearing on March 7 in circuit court.