Judge rejects set of pot charges

East Fork Justice of the Peace Jim EnEarl dismissed a set of drug charges against James Gilbert, but the convicted pot farmer's legal troubles are not over.

In a decision issued Wednesday, EnEarl ruled the prosecution failed to make an independent connection between Gilbert and the plants seized from the Gardnerville Ranchos home of David Knapp and Crystal Ciccone.

EnEarl said there wasn't enough evidence to bind Gilbert over on charges of principal to possession of a controlled substance for sale, conspiracy to violate the Uniform Controlled Substances Act and sale of a controlled substance.

Gilbert, 44, in custody in Douglas County Jail, is set for two more preliminary hearings today on separate offenses.

EnEarl dismissed the charges in a seven-page order, concluding testimony in the hearing Jan. 23 was insufficient to corroborate the testimony of accomplices Knapp and Ciccone as required by law.

"Discounting the testimony of Crystal Ciccone and David Knapp this court is then left with the testimony of Investigator (Brian) Johnson, and his testimony is insufficient to corroborate the testimony of named accomplices David Knapp and Crystal Ciccone," EnEarl said.

Charges EnEarl dismissed linked Gilbert to seven marijuana plants and a grow system at Knapp's residence when Knapp was arrested Nov. 14 by the Douglas County Sheriff's Office Special Weapons and Tactics team. Johnson testified the plants looked like those Gilbert had grown in the past.

The judge rejected the prosecution's contention that Ciccone and Knapp were not accomplices to the James Gilbert charges.

EnEarl said in his order Knapp and Ciccone both were named in the criminal complaints against Gilbert and were convicted of charges stemming from the Nov. 14 arrest.

"Both Crystal Ciccone and David Knapp were charged in their respective cases with possession of the very marijuana plants that James Gilbert is alleged to have provided. The testimony of David Knapp and Crystal Ciccone must, therefore, be corroborated to be given weight ...," the judge wrote.

Ciccone was convicted of a misdemeanor and Knapp pleaded guilty to several felonies and is awaiting sentencing.

Gilbert still faces two counts of burglary and one count of theft from his alleged involvement in the theft of several cartons of cigarettes from the 7-Eleven on Highway 395 and Riverview Drive.

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

Before last week's hearing, 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 offered to recommend Gilbert be sentenced to 24 to 72 months and pay $453.70 restitution. The district attorney's office would not seek habitual offender status that could enhance a sentence.

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

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.