A federal judge in Texarkana denied a request for release Thursday from a man accused of trafficking methamphetamine.
Randy Caldwell, 40, appeared Thursday morning before U.S. Magistrate Judge Barry Bryant in the Texarkana Division of the Western District of Arkansas for a detention hearing. Caldwell is the only defendant named in a two-count indictment handed down in June accusing him of distributing more than 5 grams of meth on July 14, 2017, and of distributing more than 50 grams of meth July 17, 2017.
Caldwell's lawyer, Morse Gist of Hot Springs, Ark., waived Caldwell's right to a detention hearing at his arraignment in June but recently asked the court to consider releasing him while his case proceeds to trial.
Assistant U.S. Attorney Denis Dean called Federal Probation Officer Amanda Jordan to testify at the hearing. Jordan said that Caldwell was on Arkansas state parole at the time he allegedly committed the offense he is charged with in federal court and that if released from federal custody, he would be placed in the custody of Arkansas Department of Correction to serve a 24-month sentence.
If paroled from Arkansas custody before his federal case is disposed, Jordan said Caldwell would live with his wife. Jordan's wife testified under questioning from Gist that she is currently living with her parents in Texarkana, Ark., and that if Caldwell is released, she and he would find a new place to reside.
Also addressed were issues related to Caldwell's health. Gist said Caldwell suffers from diabetes which has not been managed well by medical staff at the Bi-State Justice Building where he is being held.
In closing arguments, Dean argued that Caldwell has, "basically decided to be a drug dealer," and pointed to Caldwell's seven prior drug-related felony convictions for offenses including possession of a controlled substance with intent to distribute and delivery of a controlled substance. Dean asked the court to take notice also of Caldwell's history of failing to appear at court appearances in the past while free on bond. Dean said that with Caldwell's criminal history, the government could seek an indictment for Caldwell for an offense which might include a mandatory life sentence should he be convicted.
Gist asked the court to consider Caldwell's medical issues and lamented that Caldwell could die if he doesn't receive proper medical care.
Bryant declined to release Caldwell from federal custody and provided an explanation for his decision based on the law. Bryant said he is required to consider whether any set of conditions of release would insure Caldwell's appearance at future court hearings and protect the community.
Bryant noted that the offenses Caldwell is currently charged with include mandatory five and 10-year minimum terms and that the allegations involve the distribution of methamphetamine, a controlled substance that presents a danger to the community.
"I don't feel like I have a lot of choice," Bryant said of his decision. Bryant instructed members of the U.S. Marshals Service present in court to confer with medical staff at the Bi-State to insure Caldwell is receiving adequate medical care.
Caldwell's case is scheduled for trial Nov. 26 before U.S. District Judge Susan Hickey in Texarkana's downtown federal building.