Man gets prison for lying to lawmen

He was accused of aiding acquaintance wanted in slaying

For making a false statement to federal marshals to aid the escape of an acquaintance wanted on a capital murder charge, David Counts was sentenced Thursday to 2½ years in federal prison.

Counts, 42, was indicted in 2018, along with Melissa Brock of Alexander, on a conspiracy charge stemming from the escape of Brock's friend, Brian Keith Freeman of Ward. Freeman is accused of killing his fiancee, 36-year-old Lori Hannah, on March 22, 2017, by slitting her throat inside the Lonoke County home the couple had shared.

On May 9, Counts pleaded guilty to a charge of making a false statement to law enforcement officers, admitting that he lied to federal marshals on Jan. 19, 2018, denying he had been in contact with Freeman, when he had actually been in contact with him by telephone. In exchange for his guilty plea, federal prosecutors dropped the conspiracy charge against him.

Brock is scheduled for a jury trial beginning Jan. 27 on the conspiracy charge and a charge of concealment of a material fact from law enforcement.

Meanwhile, Freeman remains a fugitive. Authorities said earlier that Freeman was last seen in Texas on the afternoon of March 23, 2017, just hours after police in Ward found Hannah's body. Assistant U.S. Attorney Kristin Bryant said Thursday that Freeman is still on the run.

Ward police found Hannah's body in a bedroom of her home after being contacted by relatives of Freeman, who said they had received text messages from him saying he had "killed Lori last night."

Ward police contacted the Arkansas State Police, who in turn contacted the U.S. Marshals Service as a nationwide search began for Freeman. His Dodge Ram pickup was found abandoned a week after the slaying near Royce City, Texas, with his wallet and two cellphones inside. Police said they were led there after Freeman placed a call from Sulphur Springs, Texas, telling a friend that he had "messed up" and they were never going to see him again.

An investigation by the Eastern Arkansas Fugitive Task Force eventually revealed that Freeman had been living with Brock and her husband, Earl Brock, just before the slaying, according to court documents. The marshals said that Melissa Brock initially lied about some of the details of the night of the murder, when she drove Freeman to the house in Ward, let him out and then picked him up again a short time later.

Court documents say Melissa Brock later admitted she had seen blood in her vehicle after she picked Freeman up. They say she also acknowledged that Counts had helped Freeman "stage" his vehicle in Texas, and arranged for people to meet him there to help him elude authorities. She also reported that Freeman had maintained contact with Counts and a woman named Michelle Bias by phone.

Counts admitted in May that he lied to the marshals in early 2018. At his sentencing Thursday, he blamed alcohol for his crime.

"I've been an addict all my life," he told U.S. District Judge D. Price Marshall Jr. "I was on a six-day drunk at the time."

When Marshall asked Counts why he helped Freeman elude authorities despite barely knowing Freeman, Counts replied, "Basically we were all drunk at the time. I kind of at first thought it was a joke. Then I kind of went along with it, just to fit in. I feel like most of it is due to the alcohol influence."

Marshall granted Bryant's request to sentence Counts above the 12- to 18-month penalty range suggested by federal sentencing guidelines, but declined to go as high as the five-year sentence the prosecutor requested.

He told Counts, "Law enforcement has to rely on truthful answers ... especially while they are pursuing a serious crime. You impeded their work by being less than truthful."

NW News on 10/16/2019

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