A man accused of operating a marijuana grow house in a newly-built two-story Ansonia colonial may escape prison time as part of a plea deal in the case.
The man, Jose Estevez, 47, pleaded guilty earlier this month at Superior Court in Derby to possession of marijuana with intent to sell.
He faces up to three years behind bars at his sentencing, scheduled for Oct. 15. However, in court Aug. 8, Judge Burton Kaplan said he’d probably give Estevez a suspended sentence if Estevez comes up with a $5,000 fine and “if there’s no surprises” in Estevez’s sentencing report.
Background
Estevez was arrested in December 2010, after police allegedly discovered he was renting a house at at 39 LaRovera Terrance for the sole purpose of growing marijuana.
Several law enforcement agencies were involved in the bust, including Ansonia police and the federal Drug Enforcement Administration (DEA).
Officials found 312 marijuana plants and a host of growing equipment inside, including heating lamps, hoses, an irrigation system, air conditioning units and heaters. Click here to read more about the initial marijuana bust and Estevez’s arrest.
A search and seizure warrant obtained by the Valley Independent Sentinel in late June 2011 revealed that DEA agents used wire taps and GPS to track Estevez and other suspects in Ansonia. While tracking Estevez, DEA agents also got turned on to another, allegedly related, grow house in Milford. Click here to read more about the warrant details.
A law enforcement search warrant also showed that in October 2010, DEA agents in Bridgeport received information from their counterparts in New York indicating that Estevez “was involved in a multi-state marijuana cultivation and distribution organization.” The warrant said Estevez worked as part of a larger organization “comprised of Hispanic males who operate clandestine grow operations out of residential houses in the northeast.”
Plea Bargain
Before Estevez pleaded guilty, Judge Kaplan said that prosecutors would be recommending a sentence of seven years in prison to be suspended after Estevez serves three years, with three more years probation and a $5,000 fine.
The judge then told Estevez that he’d order a pre-sentence investigation in the case — a report on a defendant’s history and background compiled by probation officials — and that “If there’s no surprises and you have the money” he would probably hand down a completely suspended prison sentence.
The judge mentioned that Estevez’s lawyer, Kevin Condon, had discussed his client’s past and the fact that the case is nearly two years old, but didn’t otherwise elaborate on what had gone into his decision-making.
He did warn Estevez not to pick up any arrests in the time until his sentencing.
Outside court, Condon declined to speak about the case, saying he was reserving his comments until Estevez’s sentencing.
Estevez also declined to comment when approached by a reporter.
Do you hate the idea of corrupt public officials and the whole criminal fraternity laughing their way to the money launderer? Then fortunately for you there is one last peaceful avenue for change: Jury Nullification.
Jury Nullification is a constitutional doctrine that allows juries to acquit defendants who are technically guilty but do not deserve punishment. All non-violent ‘drug offenders’ who are not selling to children, be they users, dealers or importers, clearly belong in this category.
If you sincerely believe that prohibition is a dangerous and counter-productive policy, then you must stop helping to enforce it. You are entitled to act according to your conscience: Acquit the defendant/s if you feel that true justice requires such a result. You, the juror, have the very last word!
* It only takes one juror to prevent a guilty verdict.
* You are not lawfully required to disclose your voting intention before taking your seat on a jury.
* You are also not required to give a reason to the other jurors on your position when voting. Simply state that you find the accused not guilty!
* Jurors must understand that it is their opinion, their vote. If the Judge and the other jurors disapprove, too bad. There is no punishment for having a dissenting opinion.
“It is not only [the juror’s] right, but his duty … to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.” —John Adams
We must create what we can no longer afford to wait for: PLEASE VOTE TO ACQUIT!
Hmmm Kaplan sends an individual with zero tolerance who only has prescribed meds to jail but lets go someone who grows and distributes….yeah no justice stop prohibition and the BS will stop with the corruption with the weed