Government prosecutors rested their case Tuesday in the racketeering and drug conspiracy trial of a Danville man accused of trying to solicit the murder of a federal informant who later was fatally shot at his Atkins home.
Prosecutors with the U.S. attorneys office said Marcus Millsap, 53, tried to enlist members of a Pope County-based white supremacist gang, the New Aryan Empire, to kill Bruce Hurley for setting him up in a controlled drug buy in 2014. Hurley was fatally shot at his home on May 2, 2016. No one has been arrested in the killing, which remains under investigation.
Millsap was also accused of conspiring with New Aryan Empire president Wesley Gullett, 31, and others to sell large quantities of methamphetamine in and around Central Arkansas. A total of 55 people were indicted in 2017 and 2019 in the investigation. To date, 53, including Gullett, who was sentenced to 35 years in prison, have pleaded guilty.
A number of those who pleaded guilty have testified in the trial, with most testifying about the inner workings of the New Aryan Empire, and only a few saying they had any dealings with Millsap.
On Tuesday, assistant U.S. Attorneys Liza Brown and Stephanie Mazzanti wrapped up their case by putting law enforcement officers involved in the investigation on the stand.
Kenny Maddox, an agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives, who has been assisting Brown and Mazzanti, testified about a 2016 encounter at a home Millsap lived in in west Little Rock when officers attempted to serve a warrant.
Maddox said two men were there when police arrived and later, Christy Hamilton, Millsap's wife arrived, but he said Millsap himself never showed up.
"In a good number of issues you talked about today," said Tre Kitchens, Millsap's attorney, "Mr. Millsap's name never came up, correct?"
"That's correct," Maddox said.
Maddox testified that Millsap had an iron cross, often used in conjunction with other imagery as a white supremacy symbol, tattooed on his back. A photo was shown to the jury of the tattoo, which portrayed an iron cross with a skull in the center and the logo "Hellanbach" at the bottom.
"Hellanbach is a motorcycle company, isn't it?" asked Kitchens.
"I don't know anything about motorcycles," Maddox said.
"You'd agree with me, wouldn't you," Kitchens said, "that an iron cross with a swastikas, 14 and 88 is one thing, and a motorcycle company's emblem is something very different, right?"
Kitchens then picked up a document from his co-counsel, Lee Curry, and conferred briefly with Brown.
"We're going to object to that," Brown could be heard to say.
"Great," Kitchens said. "Object."
Kitchens placed the document, a photo of the Hellanbach logo, on the screen for Maddox to review.
"Would you read for me ...," he began, when Brown cut him off.
"I'm going to object to this," she said. "He's already discussed this."
"They've offered an iron cross as a symbol of white supremacy," Kitchens said. "Hellanbach is a motorcycle company."
Under further questioning, Maddox said the image appeared similar to Millsap's tattoo.
After the conclusion of testimony, U.S. District Judge Brian Miller released the jury until Thursday to give the attorneys time to take care of various legal issues. He said Millsap's attorneys could put up witnesses or could simply rest without putting up a defense, in which case jurors could have the case to decide as early as Thursday afternoon after receiving jury instructions and closing statements from both sides.
Miller said deliberations could take several days because of the nature of the case and the amount of evidence presented.