A man accused nearly two years ago of operating a marijuana grow house in an Ansonia home received a suspended sentence in the case Monday.
Jose Estevez, 47, pleaded guilty in August to possession of marijuana with intent to sell.
A plea deal in the case called for Estevez to face up to three years behind bars at sentencing, but when Estevez pleaded guilty in August, Judge Burton Kaplan indicated he’d hand down a suspended sentence if Estevez came up with a $5,000 fine and “if there’s no surprises” in a pre-sentence report on Estevez prepared by probation officials.
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.”
Sentencing
Judge Kaplan reiterated the terms of the suspended sentence offer he made to Estevez when the case was called at Superior Court in Derby Monday afternoon.
“The understanding was that if he had the money, because of information that was presented at the pretrial hearings about the arrest and what he’s done since the date of the arrest for about two years, the court would consider giving him a conditional discharge,” Kaplan said, addressing Estevez’s lawyer, Kevin Condon. “Does your client have the money?”
“Yes, your honor,” Condon replied. “I’d ask that the court consider a conditional discharge. I think it’s appropriate in this particular set of facts.”
Kaplan then asked Supervisory Assistant State’s Attorney Paul Gaetano if he had anything to say.
“No, your honor, the pre-sentence investigation sets forth the conditions of the conditional discharge,” Gaetano replied.
Judge Kaplan then sentenced Estevez, who Condon said now lives out of state, to a seven-year suspended prison sentence with a three-year conditional discharge, as well as the $5,000 fine.
Judge Kaplan ordered Estevez not to possess any narcotics or weapons and also ordered him to remain employed.
Condon said Monday afternoon that both he and the prosecution would have faced “troublesome issues” if the case had gone to trial. He did not elaborate on what those issues were, but said the outcome of the case — with the state able to secure a conviction and a stiff fine, and Estevez managing to avoid prison — was fair.
“Both sides recognized that our respective files had problems,” Condon said. “With the assistance of the judge we were able to work out this arrangement.”
