On January 21, 2025, a jury in Upshur County sentenced 70-year-old Benjamin Fred Clark to 99 years in the Institutional Division of the Texas Department of Criminal Justice after finding him guilty of Possession of a Controlled Substance as a habitual offender.
The charges stemmed from a May 10, 2023, traffic stop on Spiderlilly Road in Diana, Texas. Narcotics officers initiated the stop after Clark, who was on parole at the time, failed to use his turn signal. During the stop, a K9 unit alerted officers to the presence of drugs in Clark's vehicle. A subsequent search uncovered methamphetamine and mushrooms hidden in several compartments. Clark was arrested and later released on bond.
In May 2024, Clark was arrested again by DPS for possession of controlled substances following another traffic stop. Clark declined to plead guilty to the charges in August 2024, opting instead for a jury trial.
During the trial, Elected District Attorney Billy W. Byrd presented evidence of Clark's extensive criminal record, which included 15 prior convictions dating back to 1985. Nine of those were felony convictions, including one from Upshur County, and had resulted in multiple state and federal prison sentences. The State filed a Notice of Enhancement, citing Clark’s prior convictions, which increased the sentencing range to 25-99 years or life imprisonment.
The jury, after hearing testimony from law enforcement, a parole officer, and a scientist, determined that Clark’s repeated offenses warranted the maximum sentence of 99 years. The jury rejected the defense's request for the minimum sentence of 25 years, citing Clark’s history of probation, jail time, and parole, which had failed to deter his criminal behavior.
The case was prosecuted by District Attorney Billy W. Byrd and presided over by Judge Dean Fowler of the 115th District Court. Byrd expressed gratitude to the jury, the Upshur County Sheriff’s Office, and all individuals who contributed to the trial.
