Rogers Man Facing Prison Time On Meth Charge

By Tracy Neal

Posted: November 10, 2009 at 4:08 a.m.

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BENTONVILLE — Ismael Garduno-Trejo of Rogers received a plea agreement earlier this year that spared him a prison stint.

But Garduno-Trejo, 35, was in court Monday as Deputy Prosecutor Brandon Carter attempted to revoke the probation and suspended sentence given to Garduno-Trejo in March. He was facing up to 50 years in the Arkansas Department of Correction.

Garduno-Trejo had been arrested months earlier after selling methamphetamine to an undercover police officer on three separate occasions. Garduno-Trejo then decided to become a confidential informant, where his work led to the arrest of other drug suspects, according to Carter.

Instead of facing three counts of delivery of methamphetamine charges, Carter charged Garduno-Trejo with one count of delivery of methamphetamine and possession of methamphetamine. On March 17, Garduno-Trejo pleaded guilty to the delivery and methamphetamine charges. He was placed on probation for possession of methamphetamine and given a 10-year suspended sentence for delivery of methamphetamine.

Garduno-Trejo received the lenient sentence due to his work as an informant, according to Carter.

However, a week later Garduno-Trejo was arrested after selling a pound of methamphetamine for $16,000 to an informant in a federal drug case, Carter said.

Garduno-Trejo already has pleaded guilty in the federal case and faces a minimum 10-year prison sentence.

Carter requested Garduna-Trejo, a man who he described as a high-level drug dealer, receive a 50-year prison sentence.

Carter told Circuit Judge Robin Green that Garduno-Trejo was probably the largest drug dealer to appear in her courtroom and the largest Carter had ever prosecuted.

Carter earlier presented the testimony of an undercover investigator who said he had worked narcotics for three years, and cases involving a pound of methamphetamine are extremely rare.

The investigator also testified a pound of methamphetamine could have a street value of $45,000. The possibility exists a pound of methamphetamine could be valued up to $250,000 depending on how many times the drug is cut, Carter said.

Garduno-Trejo had compromised the integrity of the confidential- informant process, Carter said.

Wendy Howerton, Garduno-Trejo’s attorney, claimed it was absurd to describe her client as a high-level drug dealer. Howerton claimed the sheer amount of methamphetamine didn’t mean her client was a high-level dealer.

Howerton said there was no evidence presented that Garduno-Trejo had ever sold that amount of the drug before. She claimed her client’s actions were stupid and described him as a drug user, not a dealer.

Howerton called Garduno-Trejo’s wife and two sisters to testify. They described him as a good man and hard worker who changed after becoming addicted to methamphetamine.

Green said Garduno-Trejo’s actions were a disregard for the law. She sentenced him to 40 years in the Arkansas Department of Correction. He must serve at least 10 years before being eligible for probation. Green gave him a 10-year suspended sentence for the methamphetamine possession conviction. The sentence will also run consecutively to his federal sentence.

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