Growing Pains

The Illinois Administrator has filed a complaint alleging misconduct based on a criminal conviction

In or around October or November 2015, David Heyn, Jr. (“Heyn”) owned property located at 13212 Red Arrow Highway, Sawyer, Chikaming Township, Berrien County, Michigan (“Sawyer property”). During that same time, Heyn rented the Sawyer property to Billy Crum (“Crum”). The Sawyer property included a residential, single-story house, as well as an unattached, garage-like structure. While renting the Sawyer property, Crum used the unattached structure to illegally cultivate and manufacture marijuana plants, in what is commonly referred to as an indoor marijuana grow operation.

In or around October or November 2015, Respondent learned of Crum’s indoor marijuana grow operation, and contacted Crum to inquire about purchasing the operation at the Sawyer property.

Sometime between November and December 2015, Respondent, along with Thomas Fitzgerald, and a third individual known only as Eugene, agreed to purchase the marijuana grow operation from Crum for $100,000, which they paid through two separate cash payments of $25,000, and $75,000. The sale included Crum’s entire marijuana grow operation, including equipment, marijuana plants, and related inventory.

Between approximately December 2015 through June 9, 2016, Respondent operated the marijuana grow operation at the Sawyer property. Respondent also maintained contact with Crum, who visited the Sawyer property on several occasions to assist Respondent with the operation.

On June 9, 2016, in furtherance of its criminal investigation, the Berrien County Sheriff’s Office Narcotics Unit executed a search warrant for illegal narcotics and other related items at the unattached, garage-like structure on the Sawyer property. During the execution of the search warrant, officers located and seized 241 potted marijuana plants, 3.6 pounds of dried marijuana, grow lights, fans, work tables, power tools, a scale, a pH meter, and other miscellaneous marijuana growing equipment, as well as marijuana growing instructions, and a calendar related to Respondent’s indoor marijuana grow operation.

After a bust

On June 8, 2017, following a May 15, 2017 preliminary hearing, the Berrien County Prosecuting Attorney’s Office charged Respondent with criminal offenses in a three-count information in the Second Circuit Court of Berrien County, Michigan, in relation to the marijuana grow operation and items seized at the Sawyer property. The matter was captioned The People of the State of Michigan v. Timothy J. Fitzgerald, docket number 2017-000374-FH, and assigned to the Hon. Charles T. LaSata (“Judge LaSata”). Count One of the information charged Respondent with the felony offense of manufacturing over 200 plants of marijuana on or about June 9, 2016, in violation of Section 333.7401(2)(d)(i) of the Michigan Compiled Laws. Count Two charged Respondent with the felony offense of possession with intent to deliver marijuana on or about June 9, 2016, in violation of Section 333.7401(2)(d)(iii) of the Michigan Compiled Laws. Count Three charged Respondent with the misdemeanor offense of maintaining a drug house on or about June 9, 2016, in violation of Sections 333.7405(1)(d) and 333.7406 of the Michigan Compiled Laws. Respondent pleaded not guilty to all counts.

On September 15, 2017, following a two-day jury trial, the jury found Respondent guilty on all counts of the information. On October 16, 2017, Judge LaSata sentenced Respondent to 365 days in the Berrien County jail on Count One, and 180 days in the Berrien County jail on Counts Two and Three, along with court fines, fees and costs of $2,008.00, with all sentences to run concurrently.

The link to the Respondent’s Answer does not seem to work. (Mike Frisch)