Nevada County Picayune and Gurdon Times Newspaper Archive

Two offered plea agreements on meth charges

A Gurdon man and woman have been offered a plea bargain this week after the two were arrested on drug charges in April.

James Kevin Whisenhunt, 38, 3301 Red Springs Road, and Marlinda Francis, 36, 145 Burrow Road, Arkadelphia, were arrested when officers from the Clark County Sheriff's Office and the Group 6 Narcotics Enforcement Unit executed a search warrant on Whisenhunt's residence.

Clark County Prosecuting Attorney Henry Morgan said the offer of a plea bargain is a common practice and said he couldn't predict whether the two will accept the terms of the agreements.

According to records on file at the Clark County Courthouse, Whisenhunt, Francis and three children, described as "Marlinda's adult child and two minors (including a four-year-old) were present at the residence."

The narcotics officer described a "strong chemical smell and haze in the air" when the officers began to search the house. Among the items confiscated were chemicals and other items commonly associated with the manufacture of methamphetamine. Syringes, including one "containing a large dose of dark liquid which field-tested positve for methamphetamine" were also recovered at the house.

According to the court records, officers had received information about the manufacture of methamphetamine which lead to the search warrant and arrests. Francis denied she lived at the residence but reportedly said she had "only stayed at the residence for a day or two." The records state that officers were told that Francis had been at the house for about a month, and that officers saw "toys cluttered in the living room, children's clothing was piled in areas of the house and hanging in a secondary bedroom closet and that purses and other items belonging to Marlinda were all about the master bedroom."

Francis and Whisenhunt are each charged with the following: manufacture of methamphetamine, a Class Y felony; use of paraphernalia to manufacture methamphetamine, a Class B felony; possession of methamphetamine, a Class C felony; and simultaneous possession of drugs and firearms, a Class Y felony. Class Y felonies carry a sentence of 10-40 years or life in prison. The plea bargain offered to Whisenhunt includes a 15-year sentence for the manufacturing charge, a requirement to complete vocational training and drug rehabilitation, with an additional 60 years suspended sentence. By the state's "70 percent rule" in this type of case, he would be required to serve 70 percent of his sentence before becoming eligible for parole.

Morgan said the county's law enforcement has been aggressive in catching and prosecuting those suspected of producing methamphetamine. He said there have been relatively few cases of manufacturing in the county, despite the popularity of the drug and the number of labs found in other counties.

Methamphetamine is an "upper" and is considered among the most addictive drugs. Morgan said that typically, those who use the drug simply ignore the responsibilities of life. Often, houses where the manufacturing takes place are dirty, children are unsupervised and uncared for.

"That's why this is such a bad thing," Morgan said. "They get hooked so fast."

Methamphetamine is a relatively recent addition to the manufactured drugs. Because it's made from items so commonly available, it's popularity reached dramatic proportions. New laws have made the purchase of many of the "precursers" illegal, including many over the counter cold tablets. In most cases, the pharmacist or sales person has the right to limit the amount of certain medications that can be bought at any one time, and large single purchases are reported to local law enforcement officials.

An officer with the Group 6 Narcotics Unit reports that he saw Francis purchasing some of the precursers at Wal-Mart. She was followed, first by Arkadelphia police then by Gurdon officers, to Whisenhunt's residence. A search of Whisenhunt's house revealed some indication that methamphetamine was being manufactured, but nothing was in progress at that time. Officers left with a warning to Whisenhunt but no arrests were made.

Over the next two months, according to the court records, several people told police that Whisenhunt was manufacturing methamphetamine.

If the two do not agree to the plea bargain, the case is slated to come to trial in August.