Detroit man denied release before trial in federal fentanyl case

Sep. 23—A Detroit man who allegedly ran a heavily armed drug trafficking organization was denied release Wednesday after the federal government argued he was a threat to the community and presented evidence that he operated a clandestine drug lab on Middle Street to support sales of methamphetamine, heroin and opioids mixed with fentanyl.

Gabriel Antone Eberhardt, aka "Stacks, " will remain in custody at the Federal Detention Center in Honolulu after U.S. Magistrate Judge Rom Trader determined he posed a "significant danger " if let out into the community.

Eberhardt, 39, allegedly conspired with fellow Detroit resident Jason Darnell Smith, aka "Famous " or "Sweets, " to control and operate the "criminal conduct " of their organization, according to court documents.

Eberhardt and Smith's group included friends from Michigan and local hires who all face multiple federal offenses including distribution of a substance containing fentanyl and distribution of 50 grams or more of methamphetamine. The organization is accused in a 17-count indictment of selling opioids such as oxycodone tablets and counterfeit pills containing fentanyl and oxycodone, methamphetamine, the fentanyl-based street drug "Ghan, " and "Afghan White, " fentanyl-laced heroin.

Eberhardt "regularly carried a firearm in connection with the narcotics trafficking, " and he controlled a storage unit in Kaneohe containing controlled substances and firearms, according to the U.S. Department of Justice's motion to detain, authored by Assistant U.S. Attorney Craig S. Nolan.

Investigators found evidence that Eberhardt "made periodic trips home to Detroit during the course of the charged conspiracy, " according to court documents.

"On top of all the guns and drugs we mentioned in the detention motion and pre-trial services report, I want to add that there was another assault rifle and significant amounts of drugs found in a house on Middle Street. It was used by Mr. Eberhardt and his co-conspirators as essentially a drug lab, " said Nolan, while arguing in support of his motion. "Unfortunately the HAZMAT team and the clan (destine ) lab team had to come out and decontaminate that residence immediately after a search warrant had begun execution. He presents a significant danger to the community in terms of violence, his failure to comply with court conditions, committing new crimes while pending trial and while on parole."

Honolulu police officers and federal agents witnessed Eberhardt at that unit on June 14, immediately after an undercover agent bought fentanyl from Eberhardt and another of his co-defendants.

Video footage obtained from the storage unit facility shows Eberhardt dropping off a duffel bag and a backpack, and during the execution of a search warrant at that unit on June 30, investigators seized three assault rifles, two semiautomatic pistols, ammunition and magazines, a bulletproof vest, seven digital scales, more than 700 grams of a substance containing methamphetamine, as well as suspected heroin, fentanyl, cocaine and controlled prescription pills.

"It's clear that Mr. Eberhardt has a very concerning history and that history includes a prior conviction for assault with intent to murder, firearms offense, and I believe (had conditions applied to his release ) at the time of these offenses allegedly committed by him, " said Trader, during the detention hearing. "Everything I see before me suggests the individual is not always very good about complying with court rules and that gives me significant pause."

Others charged in the 17-count indictment Aug. 19 were Michigan resident Martzes Junior, aka "Green "; Jennifer Ashcraft, aka "Jessie "; Jared Northern, aka "White Boy Jay " or "Gage "; Isaiah Marks, aka "Seh "; "Zakiyyah Mareus, aka "Kai "; and Tishanah Iwalani Kaio Barrozo. Eberhardt's lengthy criminal history also was raised as a reason to keep him behind bars before his trial.

He was convicted of felony assault with intent to murder and a felony firearm offense in Michigan in 2000, and was sentenced to 15 to 25 years in jail, according to court documents. Eberhardt was paroled in February 2017, and 10 days later was arrested for parole violations. He was released in February 2019, and on July 26, 2020, he was charged in Michigan with three firearm offenses.

Mohammed Nasser, Eberhardt's attorney who appeared by phone from Michigan, previously represented him on one of his firearm offenses. Nasser acknowledged that his client has done "substantial time " and had issues with pretrial release in the past but asked Trader to place him under house arrest, at his mother's home in Detroit, with a GPS monitoring device to ensure round-the-clock compliance.

He said the lifelong resident of Detroit knew nothing of the government's allegations and was arrested in his home. Nasser also said Eberhardt suffers from asthma and respiratory problems and should not be sent into a correctional facility where COVID-19 has run rampant.

"When he was at his home ... the arresting officers found no firearms, found no narcotics, they didn't find anything judge, " said Nasser, speaking in court. "While this young man has had some issues at 39 years of age, he's a lifelong resident of Detroit, has a minor child, and he has his mother who is present and wants to assure the court that this young man will follow ... any set of conditions."