USA v. Spencer et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
RUSSELL L. SPENCER JR., and
AUSTIN W SMITH,
Defendant.
)
)
)
)
)
)
)
)
)
)
Case No. 23-00214-CR-01,14-W-SRB
MEMORANDUM OF MATTERS DISCUSSED AND
ACTION TAKEN AT PRETRIAL CONFERENCE
PENDING CHARGE: On November 28, 2023, the Grand Jury returned a seventeen-count
Superseding Indictment charging Defendants Russell L. Spencer, Jr. and Austin W. Smith, along
with fourteen other defendants,1 with one count of conspiracy to distribute 1 kilogram or more of
phencyclidine (PCP) (Count One). Defendant Smith was also charged with possession with intent
to distribute PCP (Count Thirteen). Additionally, there is a forfeiture allegation.
The following matters were discussed and action taken during the pretrial conference:
TRIAL COUNSEL:
Government: Brandon E. Gibson and Trey Alford
Case Agent: Special Agent Abigail Tarwater
Paralegal: Jeff Gorup
Defense:
Defendant Spencer: Matthew T. Merryman and possibly Nicholas Bates
Defendant Smith: Thomas H. Johnson
CERTIFICATE OF COMPLIANCE: The Government and defense counsel have certified that
each have produced all discovery in accordance with the deadlines established in the Arraignment
and Discovery Order and have timely complied with all pretrial filing deadlines established by the
Scheduling and Trial Order up to the date of the pretrial conference.
1 Defendants Charles N. Hill, III (2), Ra’Shaan R. Wilson (4), Charles J. Wiley (5), Dorothea L. Cain (7), Bobby
Graves, III (9), Robert E. Ridley (10), Raymond D. Stewart (11), Aaron J. Schultz (13), and Jimmy L. Abron (15)
have pled guilty and received their sentence. Defendants Kessa R. Gines (3), Raven Hicks (6), and Alfred E Woods,
Jr. (16) have pled guilty and are awaiting sentence. Defendant Jabari M. Craddock (12) pled guilty and is participating
in the Intensive Drug Treatment Court. Defendant Chiatez A. Sexton (8) is scheduled to change his plea on December
4, 2025.
Case 4:23-cr-00214-BP Document 512 Filed 11/05/25 Page 1 of 3

2
OUTSTANDING MOTIONS: Currently, no outstanding motions. Defendant Smith has a
potential motion to compel disclosure (name and address) of potential witness.
TRIAL WITNESSES:
Government: 12 with stipulations; 15 without stipulations
Defendants:
Defendant Spencer: 3 witnesses, including the Defendants
Defendant Smith: no more than 4 witnesses
TRIAL EXHIBITS:
Government: approximately 120 exhibits
Defendants:
Defendant Spencer: approximately 50 exhibits
Defendant Smith: approximately 50 exhibits
DEFENSES: General denial
POSSIBLE DISPOSITION:
(X) Definitely for trial; ( ) Possibly for trial; ( ) Likely a plea will be worked out
TRIAL TIME: 3½ to 4 days total
Government’s case including jury selection: 3 day(s)
Defendants:
Defendant Spencer: ½ day
Defendant Smith: 1 day
STIPULATIONS: None at this time but the Government has proposed stipulations and is in
discussion regarding drug chemistry and foundation for wire calls.
UNUSUAL QUESTIONS OF LAW: None
FILING DEADLINES: The parties are reminded of the following pretrial filing deadlines as
originally set forth in the Scheduling and Trial Order (Doc. #183):
Witness and Exhibit Lists: Due no later than fourteen days prior to trial.
Please note: Counsel are requested to list witnesses in alphabetical order on their witness
list.
Motion in Limine: Due no later than fourteen days prior to trial.
Stipulations: Due no later than fourteen days prior to trial.
Additionally, Exhibit Index, if required by the District Court, Voir Dire, Jury
Instructions are due no later than seven days prior to trial.
Case 4:23-cr-00214-BP Document 512 Filed 11/05/25 Page 2 of 3

3
Please Note: Jury instructions must comply with Local Rule 51.1
TRIAL SETTING: Criminal jury trial docket set for December 1, 2025.
Normal jury panel: Yes
Please note: Both the defense counsel for Defendant Spencer and the Government request
the second week due to a conflict.
IT IS SO ORDERED.
/s/ Lajuana M. Counts
Lajuana M. Counts
United States Magistrate Judge
Case 4:23-cr-00214-BP Document 512 Filed 11/05/25 Page 3 of 3