Frank Cikutovich Article:
Man Agrees to Avoid Pot With Trial Pending
Spokesman Review Nov 20, 1999 by John Craig Staff Writer
A Stevens County man who says he needs marijuana for medical purposes
apparently also needs food.
Arthur Camel Shepherd Jr., 50, ended a six-day hunger strike and was released
from the Stevens County Jail on Thursday after agreeing not to have any illegal
drugs.
Superior Court Judge Rebecca Baker sent Shepherd to jail Nov. 12 when he
refused to promise not to use marijuana if released without bail pending trial
on a marijuana-manufacturing charge.
Sheriff Craig Thayer said Shepherd may have eaten occasionally during the
self-proclaimed hunger strike and was in good health when he walked out of the
jail Thursday after signing a pledge not to possess illegal drugs before his
trial on Dec. 13.
Shepherd was hauled into court on pot-growing charges for the second time
this year after sheriff's officers flew over his home in early September and
spotted what Thayer described as "a large number of very large, healthy
marijuana plants." Shepherd's home is in the isolated Kelly Hill area in the
northwestern corner of the county, inside the triangle created by the Kettle and
Columbia rivers and the Canadian border.
Officers on the ground got a search warrant and seized 30 mature plants and
27 "starter" plants.
Shepherd and his Spokane attorney, Frank Cikutovich, couldn't be reached for
comment Friday.
State voters approved an initiative last year allowing people to have a
60-day supply of marijuana if a doctor certifies they need it for medical
conditions such as cancer, AIDS, multiple sclerosis or seizure disorders. But
the law doesn't say how much is a 60-day supply.
Authorities said Shepherd hasn't told them what his medical problem is, but
he definitely had more marijuana than he needed for medicine, Thayer said.
"In my opinion, there was considerably more than a 60-day supply, because we
used pickup trucks to haul it off," the sheriff said.
Jeff Kildow, acting chief of the Seattle office of the U.S. Drug Enforcement
Administration, said 30 big, well-budded plants such as Thayer described would
"very conservatively" produce 30 pounds of finished product, enough for 13,620
typical cigarettes.
In March, a sheriff's deputy spotted marijuana plants in Shepherd's home
while investigating a poaching complaint. Deputies seized three mature plants
and 11 starters, but Shepherd wasn't arrested or charged.
Instead, Shepherd petitioned for return of the plants on grounds that he was
growing them as the legal caregiver for a Colville resident who needed marijuana
for a medical condition. Superior Court Judge Larry Kristianson and Prosecutor
Jerry Wetle treated the petition as a means of clarifying the medical marijuana
law.
"We're kind of out here on our own," with few, if any, other cases around the
state for guidance, said Chief Deputy Prosecutor Al Nielson. "So Judge
Kristianson tried to fashion some guidelines of our own."
The man Shepherd claimed to be caring for has a psychological problem,
Nielson said, but Kristianson found his medical need inadequately documented.
Also, the judge ruled that Shepherd lived too far away to have a valid caregiver
relationship with the man.
In addition to Shepherd's new test case, two more are waiting in the
wings.
Brothers Cecil Lotief, 34, and Christopher "Louis" Lotief, 28, are to be
arraigned Dec. 3 on marijuana-manufacturing charges. Nielson said both
defendants, who also are represented by Cikutovich, have indicated they plan
medical-marijuana defenses.
"For the time being, we are operating under the presumption that, if you have
marijuana, it's not legal," Nielson said. "We're looking to the defendants to
show how they come under the (medical- marijuana) initiative."
Copyright 1999 Cowles Publishing Company Provided by
Stiley and Cikutovich, PLLC.
1408 W. Broadway Spokane, Wa. ,
99201 Office Phone: (509) 323-9000 Fax: (509)
324-9029 www.legaljoint.net
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