JONESBORO, Ark. — A Jonesboro man was sentenced to seven years in prison on Oct. 19 after pleading guilty in a case stemming from a 2024 probation search that police said uncovered fentanyl, cocaine, marijuana and a handgun in a home where three small children were present.
Dylan Deante Malone, 34, entered negotiated guilty pleas to possession of fentanyl, possession of firearms by certain persons and first-degree endangering the welfare of a minor, according to a sentencing order filed in Craighead County Circuit Court.
Circuit Judge Chris Thyer imposed 84 months in the Arkansas Division of Correction for the fentanyl conviction. The order also lists 36 months of suspended imposition of sentence on that count and 72 months of suspended imposition of sentence on each of the firearm and child-endangerment counts.
A separate order signed the same day authorized Malone’s conditional release until a prison bed becomes available, citing medical conditions that conflict with safety procedures at the Craighead County Sheriff’s Office.
The Sentence and Dropped Charges
The fentanyl conviction is listed as a Class C felony. The firearm and first-degree child-endangerment convictions are listed as Class D felonies.
The sentencing order lists a presumptive prison range of 24 to 60 months for the fentanyl count and identifies the 84-month sentence as a departure of 24 months above that range. The stated reason is “severity of charges.”
Four other counts were marked nolle prossed, meaning prosecutors dropped them: simultaneous possession of drugs and firearms, possession of cocaine with purpose to deliver, possession of a Schedule VI controlled substance with purpose to deliver, and possession of drug paraphernalia.
The original first-appearance paperwork listed a fentanyl charge involving possession with purpose to deliver, delivery or manufacture, and second-degree endangering the welfare of a minor. The final order records convictions for fentanyl possession and first-degree child endangerment.
Malone received three days of jail credit. The order lists a $100 fine, $150 in court costs, a $40 booking or administration fee and a $150 drug crime assessment. It also directs the surrender of the firearm or firearms to the seizing agency.
The February 2024 Search
According to the probable cause affidavit, the Street Crimes Unit went to a residence on Boydston Street on Feb. 20, 2024, to conduct a probation search. Malone was on felony probation and had a search waiver on file.
Malone answered the door after investigators rang the doorbell. Two other people and three small children were inside, according to the affidavit.
Investigators reported that marijuana smoke inside the residence was thick enough to make them choke.
In the kitchen, an investigator reported finding 93.1 grams of marijuana in eight separate bags, 22 suspected fentanyl pills weighing 3.4 grams, 7.3 grams of cocaine, a digital scale, a box of 9 mm ammunition and a 9 mm handgun.
One open bag of marijuana was on the living room table where the children were watching television, according to the affidavit.
After investigators advised Malone of his Miranda rights, he said everything belonged to him and described what had been found and where it was located, the affidavit states.
His bond was initially set at $1 million cash or surety on Feb. 21, 2024, according to the first-appearance records.
Conditional Release Pending a Prison Bed
The Oct. 19 release order requires Malone to wear an ankle monitor and keep it charged until he is booked into the Craighead County Detention Center for transport to prison.
Beginning Oct. 20, he was required to call the detention center at 10 a.m. every day to ask whether a prison bed was available. The order requires him to report within three hours of notification, whether the notice comes during the day, at night or on a weekend.
He must maintain a working telephone number with the sheriff’s office. Failure to make the required daily call by 10:15 a.m. can result in an immediate arrest warrant and possible additional escape or failure-to-appear charges, according to the order.
A dead ankle-monitor battery, tampering or removal can also result in an arrest warrant or revocation of the conditional release. The agreement subjects him to the conditions of his negotiated plea, including warrantless searches of his person, home, vehicle, property and electronic devices by law enforcement.
The order also provides that an arrest for DWI, a drug-related or violent misdemeanor or felony, or any other felony would void the release agreement and result in detention until a prison bed becomes available.
The conditional-release order references both the current case, 16JCR-24-209, and an older probation-revocation matter, 16JCR-19-585PTR. That was for this:
The sentencing order reviewed for this report addresses the 2024 case.
Correction: An incorrect photo briefly appeared with this story and was replaced.
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