A 74-year-old local man known as "Papa Smurf" who was arrested on felony charges last year in the multiagency drug sting Operation Ice Storm was sentenced to three years in prison after pleading guilty Monday in Garland County Circuit Court.
Philip Elrod Starley, who has remained in custody since his arrest Sept. 28 in lieu of $25,000 bond, pleaded guilty to one count of delivery of meth, originally a class Y felony punishable by up to life in prison, but amended to a class C punishable by up to 10 years. Two additional charges of delivery of meth and two counts of unlawful use of a communications device were withdrawn.
"Considering his age being able to get any prison time is a success," Deputy Prosecutor Trent Daniels said Tuesday, noting that despite Starley's age he is "clearly a problem" and getting him off the streets even for a short time was worthwhile.
Daniels said law enforcement officers originally "ran across" Starley during the 2016 drug sting Operation 8 Ball when he was found with other suspects in a raid on Blacksnake Road. "We didn't file charges at that time mainly because of his age," he said.
After that operation, Starley's name, or rather his street name, "Papa Smurf," continued to come up in their investigations, Daniels said, so finally they made arrangements to buy meth from him on three different occasions.
"I authorized them to buy a little more than the normal and they actually bought a large quantity off him, which made it a Class Y felony," he said.
Daniels noted Starley's only prior felony history involved a conviction for "defrauding an innkeeper" in 1965.
As part of the deal, Starley agreed to plead guilty without Daniels having to produce the confidential informant who bought the meth from him in court, protecting his identity.
According to the probable cause affidavit regarding the count he pleaded guilty to, between the dates of June 19 and June 26, 2017, investigators with the 18th Judicial District East Drug Task Force, Hot Springs police Special Investigations Unit and Arkansas State Police used a confidential informant to make a controlled purchase of meth from Starley in Garland County.
A recorded phone call was made to Starley to confirm he could sell the meth, a price was agreed upon and a location for the transaction to take place was arranged. The affidavit notes the amount of meth purchased from Starley was more than 10 grams, but less than 200 grams.
During surveillance of the transaction, Starley was positively identified by investigators based on previous encounters with him and Arkansas Crime Information Center photos.
Starley was one of 36 alleged drug traffickers arrested as part of Operation Ice Storm in September 2017, during which investigators reportedly seized 30 pounds of meth, two ounces of powder cocaine, 31 ecstasy pills, 141 "controlled pharmaceuticals" and 17 firearms.
Local on 01/31/2018