Breaking News: Fishtail man loses bid for bail in federal meth case
Fishtail resident Merrill Clark Gardner will remain in custody until the federal drug case against him has been resolved.
Federal Magistrate Judge Carolyn Ostby has denied Gardner's request for release, stating in a court order that the testimony and evidence presented at the detention hearing last Thursday, Aug. 6, established both "clear and convincing evidence" and "a preponderance of the evidence." Ostby also wrote the following:
"The Defendant poses a danger to the community and is a flight risk. The charges against Defendant are serious drug charges, an agent having testified at the hearing that the Defendant brought large quantities of methamphetamine into the community over the course of many years. There was also testimony that some people in the community fear him, and that he sent a concerning letter to a witness in this case while he was incarcerated."
Also cited as factors in the ruling was the following: "There is probable cause to believe that the defendant has committed an offense" that carries a maximum prison term of 10 years or more, according to the detention order.
Gardner has pleaded not guilty to federal meth conspiracy charges stemming from the alleged discovery of more than six pounds of methamphetamine authorities contend belong to him.
In an indictment filed July 1, Gardner is charged with knowingly and unlawfully conspiring with other people to possess with the intent to distribute 500 grams or more of a substance containing a detectable amount of methamphetamine between January 2013 and June 2015 in Fishtail and at other locations in Montana and elsewhere.
Gardner is also charged with possessing with the intent to distribute 500 grams of a substance containing a detectable amount of methamphetamine during the same time period.
Federal prosecutors are also seeking a criminal forfeiture which if convicted, would force Gardner to forfeit all property derived from any proceeds obtained directly or indirectly from the alleged illegal activity, which includes the following:
•$103,340 in cash
•Miscellaneous pieces of gold and gold coins
•A residence located in Fishtail
According to a criminal complaint filed last month in United States District Court by Special DEA Agent Robert M. Grayson, investigators directed a confidential source to meet Gardner at his Fishtail home to “discuss the distribution of methamphetamine” on June 17.
As investigators watched, Gardner left his residence and returned approximately 30 minutes later with 1 ¼ pounds of methamphetamine wrapped in gray duct tape with saw dust around the outside of the tape, according to the complaint.

