Charges dismissed against Vallejo pot dispensary operator

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Anonymous

Vallejo, CA

#1 Mar 22, 2013
Charges dismissed against Vallejo pot dispensary operator, star of 'Weed Country'
http://www.timesheraldonline.com/news/ci_2284...

Year-old criminal charges were dismissed Thursday against Matt Shotwell, a one-time operator of one of Vallejo's largest medical marijuana dispensaries.

Since February 2012, when the Vallejo Police Department's series of raids on medical marijuana dispensaries launched with Shotwell's arrest at Greenwell Cooperative dispensary, no operators have been convicted.

"Given the facts of this case ... the people feel they cannot prove this case beyond a reasonable doubt," Deputy District Attorney Jack Harris told Solano County Superior Court Judge Allan Carter. The judge's confirmation of the dismissal was met with applause from a small courtroom crowd of Shotwell supporters.

At least six dispensaries were raided and shut down, some several times, during the police stings last year. Cases relating to all six of those dispensaries have been dismissed since last summer. Similarly, a Fairfield dispensary case was dismissed this month, and a Vacaville dispensary operator was acquitted last April.

Shotwell, the 32-year-old star of the six-episode Discovery Channel reality show "Weed Country," was arrested and charged with three violations of state law concerning the transportation, distribution or possession of narcotics. He also was charged with two counts of marijuana cultivation, and one count each of possessing marijuana for sale and maintaining a site for marijuana distribution. His arrest came just weeks before a voter-approved Vallejo tax and fee on medical marijuana dispensary operators kicked in, on March 1, 2012.

Shotwell, with tears in his eyes Thursday, said he plans to take time to figure out his next steps, following his case's resolution. He later added that he is facing significant debt with his home mortgage, lawyer's bills and school loans.

In addition to the Greenwell Dispensary seizures, police also confiscated hundreds of marijuana plants, Shotwell's registered handgun, computers,$8,700 in cash, paraphernalia and edible products, among other items.

Shotwell said he had submitted asset forfeiture claims early on to have his possessions returned, but they were denied. With Thursday's case dismissal, he and his attorney will try again to recover whatever remains of the seized items, Shotwell said.

"I hope this gives people courage to stay in the business," Shotwell said of medical marijuana. "This is like the last nail in the coffin for the opponents of medical marijuana in Vallejo."

Vallejo police Capt. Ken Weaver disagreed with Shotwell's assessment, saying that the dismissed charges can be re-filed at a later time.

"If (Shotwell's) under the impression that we've stopped, then he's misinformed," Weaver said of medical marijuana dispensary investigations. "We will continue to investigate criminal activity that's out there. Their side has a difference of opinion (about medical marijuana laws), and eventually it's going to be decided in the California State Supreme Court."

The last known dispensary raid occurred in August. It is unclear how many dispensaries remain in operation around Vallejo, although some seven or eight dispensaries continued paying a city tax on marijuana sales last year after the raids slowed down, according to city officials.

Asked if his future plans include reopening a dispensary, Shotwell said he would not rule out the possibility.

Starring in a television show depicting the struggle between medical marijuana growers and law enforcement in northern California was a risk Shotwell said he was willing to take while his case was still in court. He did fear, however, that some would take the show as "poking" at them, and that he would be treated by the justice system as an example.
eric holder

San Francisco, CA

#2 Mar 22, 2013
no one was killed,[murder case] so the case didn't have to be proven beyond a reasonable doubt
the DA's office is in on it
tell me im wrong

Vallejo, CA

#3 Mar 22, 2013
gomes and her friends voted to NOT close the dispensaries, to allow the city to develop rules and zoning issues, BEFORE the raids started. any civil litigation costs and certain paydays for the complainants can be laid at their feet. further, once the raids started, gomes and her majority did not direct the city manager to stop them.
so don't be so quick to blame former chief nichelini, mayor davis, or city attorney quintana.
we still do not have any rules or zoning, or a way to ascertain if we are getting the proper remittal from the added tax.
eric holder

San Francisco, CA

#4 Mar 22, 2013
the liberal mantra, "no hope without dope"
SamTard McButLicker

Oakland, CA

#5 Mar 22, 2013
tell me im wrong wrote:
gomes and her friends voted to NOT close the dispensaries, to allow the city to develop rules and zoning issues, BEFORE the raids started. any civil litigation costs and certain paydays for the complainants can be laid at their feet. further, once the raids started, gomes and her majority did not direct the city manager to stop them.
so don't be so quick to blame former chief nichelini, mayor davis, or city attorney quintana.
we still do not have any rules or zoning, or a way to ascertain if we are getting the proper remittal from the added tax.
SPIIIIIIN that sh!t! You can thank Nic and Osby for the future lawsuits, they own that sh!t.
anonymous

Vallejo, CA

#6 Mar 22, 2013
eric holder wrote:
no one was killed,[murder case] so the case didn't have to be proven beyond a reasonable doubt
the DA's office is in on it
Yeah right pea brain. Only homidicde cases require a beyond a reasonable doubt standard. You better stick to being a chronic complainer about things you know nothing about.
tell me im wrong

Vallejo, CA

#7 Mar 22, 2013
SamTard McButLicker wrote:
<quoted text>SPIIIIIIN that sh!t! You can thank Nic and Osby for the future lawsuits, they own that sh!t.
no spin, they made the decision to allow continued operation but did not direct staff to take no action, either before or after the raids started. you cannot accept that fact, but it is what it is.
Im Talking Now

Vallejo, CA

#8 Mar 22, 2013
SamTard McButLicker wrote:
<quoted text>SPIIIIIIN that sh!t! You can thank Nic and Osby for the future lawsuits, they own that sh!t.
For all the smarts Gomes et al are supposed to have, they set up the conditions for the raids by allowing continued operation without any rules. Even McConnell wanted to stop them, he was smart enough to see that raids could soon follow and eventually possibly cost the city money in litigation. They did and they will, solely because Gomes, Brown, and Sampayan made a big mistake. That's all there is to it.
oh lawd

Vallejo, CA

#9 Mar 22, 2013
that's right.
sam obese Cheetoh eater

Concord, CA

#10 Mar 22, 2013
For all the alleged smarts of the orange and blue oozers, Chiefy Nic did not just sit back and let the DEA raid the MMD facilities just like in Oakland. No council or litigation issues, its Federal law and the feds would have owned it. Because of Chiefy Nics giant ego, we are on the hook for damages.

(t)urd enragement!
jd miller crazy man

Vallejo, CA

#11 Mar 22, 2013
sam obese Cheetoh eater wrote:
For all the alleged smarts of the orange and blue oozers, Chiefy Nic did not just sit back and let the DEA raid the MMD facilities just like in Oakland. No council or litigation issues, its Federal law and the feds would have owned it. Because of Chiefy Nics giant ego, we are on the hook for damages.
(t)urd enragement!
nope. all this leads back to gomes, brown, and their manservant voting to not close down the mmds. everything after that is a consequence of that decision. apparently davis had 4 votes to continue raids or they would have been stopped, don't you understand that? the council majority can give direction to the city manager and they did not. that tells me davis had the backing of 3 others. tough for you to swallow, i know.
jd miller enragement!
jd miller crazy man

Vallejo, CA

#12 Mar 22, 2013
sam obese Cheetoh eater wrote:
For all the alleged smarts of the orange and blue oozers, Chiefy Nic did not just sit back and let the DEA raid the MMD facilities just like in Oakland. No council or litigation issues, its Federal law and the feds would have owned it. Because of Chiefy Nics giant ego, we are on the hook for damages.
(t)urd enragement!
and think of all the money that could have been saved just in the cost of the raids alone had they voted to close them all down pending legislation development. yes, it is going to cost us millions because of gomes, brown, and sampayan, not the p.d., city attorney, or anyone else.
jd miller enragement!
Im Talking Now

Vallejo, CA

#13 Mar 22, 2013
jd miller crazy man wrote:
<quoted text>and think of all the money that could have been saved just in the cost of the raids alone had they voted to close them all down pending legislation development. yes, it is going to cost us millions because of gomes, brown, and sampayan, not the p.d., city attorney, or anyone else.
jd miller enragement!
Correct. They said YO! instead of NO! We still don't have any rules or auditing process to make sure we are getting our full share of the added tax imposed by Measure C.
sam obese Cheetoh eater

Concord, CA

#14 Mar 22, 2013
LOL!

http://www.sfgate.com/default/article/Vallejo...

Blame all the chiefys incompetence on the council, but you can't erase the dollars he has cost us. Thank God he fled the City.

(t)urd enragement!
jd miller crazy man

Vallejo, CA

#15 Mar 22, 2013
sam obese Cheetoh eater wrote:
LOL!
http://www.sfgate.com/default/article/Vallejo...
Blame all the chiefys incompetence on the council, but you can't erase the dollars he has cost us. Thank God he fled the City.
(t)urd enragement!
all that is after the fact. you say gomes, brown, and sampayan had nothing to do with facilitating the raids? no wonder people say you are nuts!
sam obese Cheetoh eater

Concord, CA

#16 Mar 22, 2013
jd miller crazy man wrote:
<quoted text>all that is after the fact. you say gomes, brown, and sampayan had nothing to do with facilitating the raids? no wonder people say you are nuts!
I did not see any of them in any of the videos of the raids.

LOL!

(t)urd enragement!
Wrong Again

Vacaville, CA

#18 Mar 22, 2013
all the raids were from the direction of city clowncil...fact
sam obese Cheetoh eater

Concord, CA

#19 Mar 22, 2013
Wrong Again wrote:
all the raids were from the direction of city clowncil...fact
LOL!

Well Hi HI HIGH there grissle, so you are off duty today are you?

Linky Please!

(t)uurd enragement!
jd miller crazy man

Vallejo, CA

#20 Mar 22, 2013
Wrong Again wrote:
all the raids were from the direction of city clowncil...fact
it's clear there were not 4 votes to stop the raids.
sam obese Cheetoh eater

Concord, CA

#21 Mar 22, 2013
jd miller crazy man wrote:
<quoted text>it's clear there were not 4 votes to stop the raids.
Linky please!

(t)urd enragement!

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