A Little Rock man indicted in July on charges of methamphetamine and fentanyl distribution and weapons charges was arraigned on a superseding indictment Friday in federal court that could send him to prison for life after prosecutors added a count of distribution of fentanyl resulting in death.
Russell Stacks, 48, was originally charged in a federal indictment with two counts each of distribution of fentanyl, possession of a firearm in furtherance of a drug trafficking crime, being a felon in possession of a firearm, and one count of distribution of methamphetamine. On Friday, Stacks was arraigned on one count of distribution of fentanyl resulting in death and two counts each of distribution of fentanyl, distribution of methamphetamine, being a felon in possession of firearms, and possession of a firearm in furtherance of a drug trafficking crime.
Also contained in the superseding indictment were four counts lodged against a co-defendant, 55-year-old Elmer Bell of Little Rock. Bell was arraigned April 12 on one count of distribution of fentanyl resulting in death, two counts of distribution of fentanyl and one count of distribution of methamphetamine.
According to a probable cause affidavit filed in federal court in June 2021, Stacks came to the attention of law enforcement following the April 20, 2021, death of a 29-year-old Bryant woman after she overdosed on fentanyl. Investigators with the FBI and the Bryant Police Department discovered text messages on the woman’s cell phone to a cell phone belonging to Stacks asking how much it would cost to purchase a gram of fentanyl. A reply indicated the price would be $30 for one-tenth of a gram of the drug.
On May 17, 2021, the affidavit said, investigators encountered Stacks in the parking lot of a west Little Rock hotel after they found and revived a man who had just overdosed on what was suspected to be fentanyl. Stacks denied any involvement with drugs, the affidavit said, and denied knowing the man but told investigators that he was staying at the hotel following a shooting incident at his North Little Rock home. He left the hotel after telling investigators he was going to the hospital for treatment of a gunshot wound in his shoulder.
The affidavit said investigators noticed Stacks had left a gym bag when he left the parking lot so they took it to his room where they found his girlfriend. After receiving permission to search the room, they found a .32 caliber pistol, six baggies containing approximately three grams of suspected fentanyl, a baggie containing suspected methamphetamine, tinfoil containing suspected heroin and various items of drug paraphernalia.
If convicted on the drug distribution counts, Stacks and Bell could face a sentence of up to 20 years on each count. If convicted of distribution of fentanyl resulting in death, they could be sentenced to life in prison. In addition, Stacks could face up to five years in prison for possession of a firearm in furtherance of a drug trafficking crime and up to 10 years for being a felon in possession of a firearm if he is convicted of those charges.
Fentanyl is a powerful synthetic opioid that is some 80 to 100 times more potent than morphine and is used medically to treat severe pain. According to the Drug Enforcement Administration, as little as two milligrams of fentanyl can be lethal depending on a person’s body size, tolerance and past usage. Illicitly manufactured fentanyl is often used to mix with other drugs to increase the potency, often with fatal results.
According to the Centers for Disease Control and Prevention, drug overdose deaths between April 2020 and April 2021 were estimated to be just over 100,000 people, an increase of more than 22,000 over the previous 12-month period.
At the conclusion of the arraignment, U.S. Magistrate Judge Joe Volpe ordered Stacks to be remanded back into federal custody until a hearing can be scheduled next week to consider bond. Both Stacks and Bell are currently being held at the Pulaski County jail.
