FOLEY -- A Benton County judge has rejected a plea agreement in a fatal drug overdose case and has set the matter for trial.

Judge Robert Raupp was expected to sentence 59-year-old Marvin Davis to four years in prison Wednesday on a plea of manslaughter in the death of Shiquita Clark. But, Benton County Attorney Phillip Miller says Judge Raupp rejected the plea agreement and set the case for trial in November.

Records show Davis gave Clark crack cocaine last September, hours before she died at Davis' St. Cloud apartment.  Records show Clark was seen snorting heroin earlier in the day, prior to smoking crack cocaine with Davis and another man.  Davis is not accused of providing heroin to Clark.

Davis told investigators "she did not look good" after taking drugs. Davis and others allegedly tried to wake Clark up but failed.  An autopsy showed Clark died as a result of mixed drug toxicity including heroin and cocaine.

According to the criminal complaint, Davis didn't call 911 until about three hours after he knew Clark died.

Davis fled to Tennessee after Clark's death and had to be extradited back to Minnesota to face the charges.

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