Pot cultivator claims crop was legal

Staff Reports

A man who said he was cultivating marijuana in his back yard under a permit from the state was denied release from jail on Wednesday.

James Douglas Gilbert appeared in East Fork Justice Court and sought release through his attorney, Derrick Lopez.

Gilbert, 41, is being held in lieu of $10,749 bail after an Oct. 5 drug raid on his Gardnerville Ranchos home.

Lopez said Gilbert is being accused of having 11 mature plants growing in his back yard. The medical marijuana permit he holds reportedly allows Gilbert to have three mature plants and four immature plants.

Lopez said the home's previous tenant also had a permit, which would have allowed the pair to have 14 plants in all.

In arguing for his client's release, Lopez pointed out it was unlikely Gilbert would be able to grow marijuana while under supervision.

Prosecutor Mike McCormick opposed Gilbert's release, saying the man had a criminal past that included battery and sales of marijuana.

Justice of the Peace Jim EnEarl denied the request for release and set an Oct. 20 preliminary hearing where he will determine whether a crime was committed and if there is enough evidence to believe Gilbert may be the culprit.

• An 18-year-old Douglas High School student who allegedly threatened students who were praying at the school's flagpole will undergo a psychiatric examination to determine if he is a risk.

Daniel Robert Ferguson is being held in Douglas County Jail in lieu of $5,000 on gross misdemeanor threatening to cause bodily harm to a pupil or school employee.

Defense attorney Tod Young told Justice of the Peace Jim EnEarl he would not raise the issue of bail until after his client had undergone a psychiatric risk assessment.

Since the justice court doesn't have the authority to authorize payment for the assessment, Young arranged for District Judge Dave Gamble to authorize it, cutting the time it would take to two weeks.

"Once we have the assessment I will be able to come back with a qualified opinion and tell you that this young man is not a danger to the community," Young said.

Ferguson has been in jail since his arrest on Sept. 29.

EnEarl set a Nov. 4 hearing date to deal with the risk assessment.