Decision due Friday in pot farmer's hearing

East Fork Justice Jim EnEarl is to decide by Friday whether there is enough evidence to believe that James Gilbert was responsible for a marijuana grow at the home of an acquaintance in the Gardnerville Ranchos.

Gilbert, 44, is charged with three felony drug charges, two counts of burglary and one count of theft.

He also faces charges from a 2006 incident when authorities confiscated marijuana plants from his residence with a street value of $400,000.

Gilbert is accused of aiding and abetting David Knapp after authorities found seven marijuana plants and a grow system at Knapp's residence when he was arrested Nov. 14 by the Douglas County Sheriff's Office Special Weapons and Tactics team.

The burglary charges stem from Gilbert's alleged involvement in the theft of several cartons of cigarettes from the 7-Eleven on Highway 395 and Riverview Drive.

A preliminary hearing was delayed more than two hours on Friday while Gilbert conferred with his attorney, David Allison of Reno, whether to accept a plea agreement.

The state offered to reduce Gilbert's charges in three cases to possession of controlled substance for sale and sales of a controlled substance.

In exchange for a guilty plea, the state would recommend Gilbert be sentenced to 24 to 72 months and pay $453.70 restitution.

Gilbert wanted a guarantee that he would serve a maximum of 24 months, a promise the court could not make.

"They can't promise you that is going to take place even though they're recommending it," East Fork Justice Jim EnEarl said. "You still face a particular window a judge can sentence you to."

Gilbert called the proceedings against him "a travesty of justice."

"This is an evil courtroom with a bunch of evil cops. The whole thing is a travesty of justice," he said. "I have no choice in this."

Before the hearing he turned to a reporter and said, "Do you think you can print the truth this time? Not tell more lies?"

Gilbert was going to enter an Alford plea, which means he isn't admitting any wrongdoing, but agreed he might face conviction on more serious charges if the case went to trial.

In exchange the district attorney's office would not seek habitual offender status that could enhance a sentence.

Gilbert told the judge he would accept the offer, but "I will go back to my cage, do more research, and if it's not fair, pull it."

At that point, EnEarl said he would not accept Gilbert's plea and the prosecutor Laurie Trotter withdrew the offer.

Allison, appointed earlier in the week to represent Gilbert, tried to get the hearing continued, but Trotter said witness David Knapp, in custody on felony drug charges, was to be sentenced Monday and would be unavailable to testify.

EnEarl, noting Gilbert's refusal to waive his right to a preliminary hearing within 15 days, denied the continuance.

Douglas County sheriff's investigator Brian Johnson testified that he served the search warrant on Knapp's house Nov. 14, and determined that a marijuana grow in the garage looked like Gilbert's work.

"The plants looked similar to plants seized from James Gilbert. They were very healthy and very large and a certain variety," Johnson said.

He said they resembled plants seized in October 2006 from Gilbert's home.

"They were the healthiest, most impressive marijuana plants I've ever seen. Myself and other investigators have never seen any marijuana plants that productive. They were very huge, massive plants. One bud weighed three pounds and was a foot or more long. One plant was 10 feet across and 4-to-5 feet high," Johnson said.

Knapp, who agreed to testify truthfully as part of his plea agreement, said he had known Gilbert for three years.

He said he got the plants from Gilbert, but built the grow system himself.

Knapp said he was growing the plants for his girlfriend, Crystal Ciccone who used marijuana medicinally for pain.

She did not have a medical marijuana card from the state, but testified she was in the process of obtaining one at the arrest.

Knapp denied that he conspired with Gilbert to sell or possess marijuana for sales.

Ciccone testified that seven plants were at the house. She denied telling investigators that Gilbert was responsible for the grow system.

"I never mentioned James Gilbert," Ciccone said.

She also denied any intent to sell, possess or distribute marijuana for anyone's use except her own.

EnEarl continued Gilbert's second preliminary hearing scheduled Jan. 30 until Friday at 8 a.m. at which time he said he would have a decision whether to send the drug cases to district court.

EnEarl said he wanted to research Allison's contention that the hearing lacked corroborated testimony from witnesses who weren't accomplices.

"There were no independent witnesses. If the court believes there is sufficient evidence, those statements should be set off. We assert there is nothing here without the statements of the accomplices and he should not be bound over on these charges," Allison said.

Trotter argued that Johnson's testimony corroborated the allegation that the plants Gilbert produced in the past were similar to the plants at Knapp's house.

"He gave them the plants, he transported them to the house and assisted with the system. This was corroborated by Mr. Johnson's statement that Gilbert was paid money," she said.

EnEarl said he wanted to research case law.

He agreed to begin the preliminary hearing Friday at 8 a.m.

Gilbert's prior record includes a 1997 arrest in Barstow, Calif., after officers found 1,184 marijuana plants. He served three years in federal prison.