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Haverhill, MA - Charges that West Newbury and Merrimac Conservation Agent Jay Smith grew marijuana and manufactured the drug for distribution from his 129 Millvale Road property have been continued without a guilty finding for two years.
Charges that Smith, 54, illegally possessed a shotgun without a firearm identification card were similarly disposed by Haverhill District Court Judge Kevin Herlihy.
As a condition of the agreement, Smith was ordered to pay $1,000 and forfeit $400 and a "Snakecharmer" brand snub-nosed shotgun seized by police during a raid last summer. The raid was initiated after a state police anti-drug helicopter spotted large marijuana plants growing in the backyard of Smith's home on the outskirts of the city.
If Smith is not convicted of another crime over the next two years, the drug and firearms charges will be dismissed without a finding, Steven O'Connell, a spokesman for the Essex County district attorney's office, said yesterday.
Herlihy overruled a recommendation by Assistant District Attorney John DePaulo that Smith be found guilty of the charges and given two years of probation, O'Connell said.
"There were disparate recommendations," said O'Connell, meaning that DePaulo and Smith's attorney made different recommendations to the judge for disposing of the case. "This was not a plea bargain."
Smith's attorney wanted the case continued without a finding for one year, O'Connell said. Reached at the courthouse yesterday, Herlihy declined to comment on the case.
Smith, who has no previous criminal record, has also retained his positions as conservation agent for Merrimac and West Newbury, officials in those towns said.
Officials in those towns had said previously that they would not take action against Smith until and unless he was convicted of both or one of the charges.
Smith did not return a phone message left at his home yesterday.
During an Aug. 5 raid of Smith's home, police found eight marijuana plants in the main house and 45 marijuana plants in an attached barn in what police called a "sizable marijuana cultivation enterprise," according to court papers.
Police also found a converted walk-in cooler being used as a drying room for marijuana plants. Also found were numerous bags of potting soil, pots, hoses, fertilizer and lamps said to be "extremely consistent" with the cultivation and production of marijuana. Smith had faced up to 30 months in prison for each charge.
During the investigation, Smith told state troopers that he "had been growing marijuana for years and was taking full responsibility for the plants," according to court papers. Smith also showed police his shotgun and said that he did not have a permit for it, court papers said.
Haverhill Detective Sgt. John Arahovites, the head of the city's anti-drug unit, said he was surprised by the outcome of the case. "I backed the recommendation of the assistant district attorney," Arahovites said. "I'm surprised by the disposition."
Police said Smith had cooperated with them and consented to the search of his property, which led to the discovery of the plants in his barn and the shotgun in his office.
Source: The Eagle-Tribune
Copyright: 2003 Eagle-Tribune Publishing
Contact: https://www.eagletribune.com/framesets/talk.htm
Website: https://www.eagletribune.com/framesets/news.htm
Charges that Smith, 54, illegally possessed a shotgun without a firearm identification card were similarly disposed by Haverhill District Court Judge Kevin Herlihy.
As a condition of the agreement, Smith was ordered to pay $1,000 and forfeit $400 and a "Snakecharmer" brand snub-nosed shotgun seized by police during a raid last summer. The raid was initiated after a state police anti-drug helicopter spotted large marijuana plants growing in the backyard of Smith's home on the outskirts of the city.
If Smith is not convicted of another crime over the next two years, the drug and firearms charges will be dismissed without a finding, Steven O'Connell, a spokesman for the Essex County district attorney's office, said yesterday.
Herlihy overruled a recommendation by Assistant District Attorney John DePaulo that Smith be found guilty of the charges and given two years of probation, O'Connell said.
"There were disparate recommendations," said O'Connell, meaning that DePaulo and Smith's attorney made different recommendations to the judge for disposing of the case. "This was not a plea bargain."
Smith's attorney wanted the case continued without a finding for one year, O'Connell said. Reached at the courthouse yesterday, Herlihy declined to comment on the case.
Smith, who has no previous criminal record, has also retained his positions as conservation agent for Merrimac and West Newbury, officials in those towns said.
Officials in those towns had said previously that they would not take action against Smith until and unless he was convicted of both or one of the charges.
Smith did not return a phone message left at his home yesterday.
During an Aug. 5 raid of Smith's home, police found eight marijuana plants in the main house and 45 marijuana plants in an attached barn in what police called a "sizable marijuana cultivation enterprise," according to court papers.
Police also found a converted walk-in cooler being used as a drying room for marijuana plants. Also found were numerous bags of potting soil, pots, hoses, fertilizer and lamps said to be "extremely consistent" with the cultivation and production of marijuana. Smith had faced up to 30 months in prison for each charge.
During the investigation, Smith told state troopers that he "had been growing marijuana for years and was taking full responsibility for the plants," according to court papers. Smith also showed police his shotgun and said that he did not have a permit for it, court papers said.
Haverhill Detective Sgt. John Arahovites, the head of the city's anti-drug unit, said he was surprised by the outcome of the case. "I backed the recommendation of the assistant district attorney," Arahovites said. "I'm surprised by the disposition."
Police said Smith had cooperated with them and consented to the search of his property, which led to the discovery of the plants in his barn and the shotgun in his office.
Source: The Eagle-Tribune
Copyright: 2003 Eagle-Tribune Publishing
Contact: https://www.eagletribune.com/framesets/talk.htm
Website: https://www.eagletribune.com/framesets/news.htm
