A Detroit man who was accused of using a Bismarck bar and motel rooms to sell fentanyl was sentenced to prison Thursday.
Reginald Davis, 36, pleaded guilty to one count of conspiracy to deliver a controlled substance-fentanyl under an agreement with prosecutors.Â
The deal outlined by Burleigh County Assistant State's Attorney Gabrielle Goter called for Davis to serve a three-year straight-time sentence. Davis will receive credit for 120 days served since his arrest last November. Goter in support of what she called a "fairly significant" term of incarceration referenced Davis's out-of-state criminal history that includes convictions for a number of drug and violent crimes, including assault on a police officer.
Defense attorney Joshua Weatherspoon said the sentence was "appropriate under the circumstances." He said the agreement might have been brought to the court sooner, but it was partly dependent on a decision by federal prosecutors not to take over the case.
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South Central District Judge Bruce Romanick accepted the deal, even though the judge said he usually hands down stiffer penalties in such cases.
"It bothers me," he said of a three-year sentence. "But I've got to deal with what I've got to deal with."
Had Davis been convicted at trial, he would have faced a potential maximum sentence of 10 years in prison and a $20,000 fine.
Charges against Davis were filed late last November after members of the Metro Area Narcotics Task Force received information from a source about purchasing fentanyl pills from Davis since June of last year and meeting Davis, who was driving a rented vehicle, in a Kirkwood Mall parking lot. The source described the vehicle, which investigators were able to determine was rented by Davis, according to an affidavit.
The document said further investigation determined Davis had enlisted the aid of a woman to sell fentanyl pills at the Elbow Room Bar in downtown Bismarck. Court records do not indicate the woman was charged in connection with the investigation.
Task force agents used a federal search warrant to collect data from a cellphone belonging to Davis, the affidavit states. That information reportedly showed Davis' movements between the Elbow Room and a hotel in the 800 block of South Third Street.
A police K-9 reportedly detected the presence of drugs inside Davis' rental car outside the bar. Davis came outside and was detained. A search of the vehicle turned up drug paraphernalia, and a search of Davis resulted in the discovery of a plastic bag containing an undisclosed number of suspected fentanyl pills, along with an undisclosed amount of U.S. currency, according to the affidavit.
The document states authorities executed a search warrant of a room identified as being rented by Davis. That search reportedly resulted in the discovery of an undisclosed amount of currency.