Arscenio Tony Not Afraid Pleads Guilty in U.S. Federal Cour
The United States Attorney's Office announced that during a federal court session in Billings, on December 15, 2010, before Chief U.S. District Judge Richard F. Cebull, ARSCENIO TONY NOT AFRAID, a 24-year-old resident of Hardin, pled guilty to conspiracy to distribute methamphetamine. Sentencing has been set for March 11, 2011. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Lori H. Suek, the government stated it would have proved at trial the following:
NOT AFRAID became known to Federal Bureau of Investigation and Bureau of Indian Affairs investigators during a joint investigation into the distribution of illegal drugs on the Crow Indian Reservation. As the investigation progressed, a witness identified NOT AFRAID as someone selling large amounts of methamphetamine on Crow.
On March 14, 2010, following a foot pursuit, NOT AFRAID was arrested in Hardin by deputies from the Big Horn County Sheriff's Office. A search incident revealed NOT AFRAID had 3.3 grams of methamphetamine in his pocket, along with a plastic baggie containing 26 empty bindles. Moreover, in the location where the foot pursuit took place, a deputy found a silver case containing a digital scale, a metal tea spoon measuring device, a glass pipe with a white-powdery substance inside, two plastic "baggies," and three lighters along with other miscellaneous items.
As the investigation progressed, the FBI/BIA interviewed NOT AFRAID's girlfriend who said she and NOT AFRAID had recently separated due to his drug use. She and NOT AFRAID had been together for approximately two and a half years. She indicated that NOT AFRAID gave her meth, and she used meth with him for approximately one year. She noted that they used meth a lot, and for a couple of weeks they used meth everyday. She estimated that NOT AFRAID provided meth to her (for use) 3 to 4 days per week for a year. She denied being present when NOT AFRAID sold meth, but indicated that she was aware he was selling meth to others.
Several known associates of NOT AFRAID were contacted and interviewed. Each person provided specific information regarding purchasing meth from NOT AFRAID. One associate advised that he has known NOT AFRAID for 12 years and that he frequently obtained meth from NOT AFRAID. He stated that he purchased 1/2 of a gram to 1 gram of meth from NOT AFRAID 3 to 4 times every two months over a four-year-period. He estimated that he received over 100 grams of meth from NOT AFRAID. In addition, he indicated that another individual would often accompany NOT AFRAID when he sold meth. This individual would drive NOT AFRAID in return for meth from NOT AFRAID.
The driver was identified and interviewed. He advised that he has known NOT AFRAID for 2 to 3 years, and that he purchased meth from NOT AFRAID once or twice per month (1/4 gram and 1/2 gram quantities) during this time. As he became more addicted to meth, he began driving NOT AFRAID while NOT AFRAID sold meth. He was given meth in return for this service. He drove NOT AFRAID 30 to 50 times while NOT AFRAID sold meth in Hardin and on Crow. He estimated that NOT AFRAID sold 1/2 ounce of meth a day when they were together. He stated NOT AFRAID carried a bag containing scales, meth, and implements to break up and package the meth. He also identified who NOT AFRAID received meth from and where the supplier lived.
An interview with another individual revealed that the individual purchased meth from NOT AFRAID beginning in February 2007 and continuing up to March 2010. He estimated that he purchased meth from NOT AFRAID 30 times during this period. He told investigators that he did not know how much meth he purchased, in total, from NOT AFRAID. He emphasized that he typically purchased 1/4 gram to 1/2 gram quantities from NOT AFRAID.
During a tape recorded interview of NOT AFRAID on May 11, 2010, he admitted selling methamphetamine in Hardin and on Crow for approximately 2 years. He described his sale of drugs as "supporting my habit." NOT AFRAID identified his customers. He also identified at least one of his suppliers.
NOT AFRAID faces possible penalties of a mandatory minimum of 5 years in prison and could be sentenced to 40 years, a $2,000,000 fine and at least 4 years supervised release.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.