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Plea agreement reached in jail overdose case
By Tom Marshall
Senior Advocate writer

Kloud Logan Jones has agreed to plead guilty to supplying drugs to a Montgomery County Regional Jail inmate who died of an overdose under an agreement reached with federal prosecutors.

The plea agreement was filed Oct. 19 in U.S. District Court in Lexington.
Jones is charged by the U.S. Attorney’s Office with knowingly and intentionally distributing a mixture or substance containing a detectable amount of fentanyl that resulted in the overdose death of Ryan Smallwood, 25, of Frenchburg, last fall.

Jones was scheduled to go on trial beginning Nov. 5.

Jones faced a sentence of 20 years to life imprisonment if convicted. As part of the plea agreement, the U.S. Attorney’s Office agrees to reduce the offense level. The range of any potential sentence is not outlined in the agreement.

Sentencing is scheduled for Jan. 25 in Lexington. Prior to sentencing the U.S. Probation Office will prepare a confidential pre-sentence investigation report for the judge.

If the U.S. submits a claim for restitution Jones will pay an amount agreed upon by the parties. If the parties can’t agree, the court will determine the amount, according to the agreement.

The agreement states that Jones will make a full and complete financial disclosure within 30 days of his guilty plea.

It calls for Jones to complete and sign a financial disclosure statement or affidavit disclosing all assets in which “he has any interest or over which he exercises control, directly or indirectly, including those held by a spouse, nominee or other third party, and disclosing any transfer of assets that has taken place within three years preceding entry of this plea agreement.”

Jones also agreed to submit to an examination, which may be taken under oath, which may include a polygraph test, the agreement states.
“The defendant will not encumber, transfer or dispose of any monies, property or assets under the defendant’s custody or control without written approval from the United States Attorney’s Office,” the document adds.

The monetary penalties will be due and payable immediately, according to the agreement.

The agreement adds that if the court imposes a schedule of payments, Jones agreed that it is merely a minimum pay schedule and not the only method that may be imposed to enforce the judgment.

The U.S. Attorney’s Office will also have authority to obtain Jones’ credit reports at any time
While in custody, the agreement states that Jones must participate in the Bureau of Prisons’ Inmate Financial Responsibility Program.

Should Jones fail to follow the restitution agreement, the U.S. Attorney’s Office says it will withdraw any reduction in the offense level by one additional level and may argue that he should not receive a two-level reduction for acceptance of responsibility.

By entering the guilty plea, Jones waived his right to appeal the guilty plea, conviction and sentence except for claims of ineffective assistance of counsel.

The charges stem from the death of Smallwood Nov. 23, 2017, when he was found unresponsive during a cell check at the jail. He had been booked into the jail the previous evening.
Prosecutors alleged that Jones gave the drugs to Smallwood prior to his death.

The state medical examiner’s office determined that Smallwood’s death was the result of fentanyl toxicity, according to court documents. Toxicology tests reportedly showed that Smallwood’s blood contained 3.4 nanograms per milliliter of fentanyl. No other drugs were detected, according to the plea agreement.

Following Jones’ indictment May 3, Smallwood’s family filed a wrongful death lawsuit against the jail. Smallwood had two children.
The suit claims the exchange of drugs between Smallwood and Jones was captured on surveillance video.

The suit also claims that the jail failed to properly search Jones and should have ensured that Smallwood was in a single or isolation cell because of alleged mental health issues.

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