BENTON COUNTY, ARKANSAS, Ark — Charges have been dropped for a Benton County inmate who was accused of exposing jail deputies to fentanyl, and sending three people to the hospital on Wednesday, Dec. 20, 2023.
According to an arrest affidavit, as Benton County jail deputies were searching an inmate’s belongings, they removed folded papers from his pocket and saw a white, powdery substance come off of them.
Moments later, one of the deputies did not feel well, fell out of a chair, and was administered Narcan, documents say.
“There were some other deputies there that … basically assisted in removing her gun belt and helping her get loaded into the ambulance, and those people also started feeling the effects of fentanyl exposure,” Benton County prosecuting attorney Joshua Robinson said.
The papers initially tested positive for fentanyl, but on June 21, 2024, Robinson said the charges were dropped "after multiple tests, there was no fentanyl detected."
Robinson said while this situation was out of the ordinary, jail staff faces the risk of exposure every day.
“Law enforcement and first responders and jail staff, for the benefit of the community, they find themselves at risk of being exposed to these things, by no fault of their own,” Robinson said.
The man faced several charges including knowingly exposing another person to fentanyl.
Robinson said this is the first time someone faced this charge in Benton County since a new law took effect in August aiming to protect jail staff and first responders from being exposed to fentanyl on the job.
"The Sheriff’s Office had probable cause to arrest on that charge based upon the medical reaction of the deputy and preliminary field testing of the substance," said Robinson. "However, based upon the results of follow-up testing, we did not believe we could meet our burden of proof beyond a reasonable doubt."
While the new law adds a layer of protection to law enforcement in situations like these, Robinson hopes it prevents them altogether.
“You can't do this stuff. You can't be carrying it around. Not only is it harmful to the people that are using fentanyl, it's also harmful, potentially, to anybody else that comes in contact with it,” Robinson said.
Robinson told 5NEWS all three deputies are now back at work and doing well.
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