When The S*** Hits the Fan

#Alaska Man Sentenced to 60 days in Jail for Growing $1.5 Million in #Pot

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Lou Colagiovanni
April 26, 2016

(ANTIMEDIA) Homer, Alaska — Joseph Gabryszak, 32, of Homer, Alaska was arrested earlier this year after he was found to be in possession of $1.5 million worth of marijuana.

The trouble began for Gabryszak on February 12, 2016, when Alaska’s State Drug Enforcement Unit raided a 4,500 square-foot building leased to Gabryszak and found 1,000 plants that allegedly contained around 6,000 ounces of marijuana, according to a local report by Homer News.

Further complicating matters, in 2014 Alaskan voters passed “Ballot Measure 2” with 52% of the vote, which legalized commercial, medical, and personal use of marijuana. In March of this year, the Alaska Marijuana and Alcohol Control Board began to accept applications for citizens interested in growing marijuana commercially. However, while they have accepted applications, as of this article’s publication, zero licences have been granted.

Gabryszak’s lawyer, Evan Barrickman, argued in court, “What happened here is he kind of jumped the gun on the new marijuana regulations in Alaska.”

The kinks in Barrickman’s argument concerned elements of Ballot Measure 2 that granted cities and municipalities the right to decide if they wanted to allow marijuana to be commercially grown within the limits of their borders. Gabryszak was arrested on February 12; on February 8, the Homer City Council introduced an ordinance to ban the commercial cultivation of marijuana in Homer. A second ordinance was introduced to zone districts to allow for commercially cultivated marijuana. The overall ban on commercial cultivation was rejected while the zoning of districts passed. This means commercial marijuana cultivation is legal in Homer — if a citizen has both a licence from the Alaska Marijuana and Alcohol Control Board and proper zoning permissions from the city. Gabryszak had neither.

Gabryszak had his day in court, and Homer District Court Judge Margaret Murphy sentenced Gabryszak to 360 days in jail and a $5,000 fine. Part of Gabryszak’s sentence was suspended, including 300 days in jail and the $5,000 fine. Gabryszak will spend 60 days in jail as part of a plea deal in which he agreed to plead guilty and forfeit his grow operation equipment, as well as a variety of electronics including a camera, laptop computer, television, and gaming equipment.

Had Gabryszak’s marijuana growing operation been legal, he would have owed the state $50 for each ounce of marijuana, totaling $300,000. The city of Homer would have received $67,000 in sales tax. Instead, the state receives nothing, and Gabryszak owes nothing — assuming he fulfils the judge’s sentencing requirements.

This article (Alaska Man Sentenced to 60 days in Jail for Growing $1.5 Million in Pot) is free and open source. You have permission to republish this article under a Creative Commons license with attribution to Lou Colagiovanni and theAntiMedia.org. Anti-Media Radio airs weeknights at 11pm Eastern/8pm Pacific. If you spot a typo, email edits@theantimedia.org.

 

From theantimedia.org Team

Man #Beaten Then Jailed 3 Days for NOT Stealing a Tomato from #Walmart

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Carey Wedler
April 26, 2016

(ANTIMEDIA) Atlanta, GA — An Atlanta, Georgia man has sued an off-duty officer who beat him viciously over the incorrect assumption he was stealing a tomato from Walmart. Though he says he was innocent, he was ultimately jailed for three days before the charges against him were dropped. He sustained permanent injuries from the beating.

Tyrone Carnegay was leaving Walmart in October of 2014 when an off-duty police officer working as a security guard approached. Video footage of the incident shows Carnegay attempting to exit the store when Atlanta police officer Trevor King begins questioning him. After no more than a few seconds, King begins beating Carnegay with his baton.

Carnegay says he was never told why he was being questioned, though according to court documents, a manager on duty at the time told the officer he had stolen the tomato.

“He’s giving me a verbal command. As he’s grabbing me, he’s beating me at the same time. ‘Get on the ground.’ Beating me at the same time,” Carnegay said as he re-watched surveillance video with WSB-Atlanta’s Craig Laurie. “My leg started giving out.”

King hit Carnegay at least seven times, ultimately cracking two bones in his leg and rupturing an artery. He now has a titanium rod in his leg and walks with a limp. Carnegay says he was never asked for the receipt — which he says he had. According to Carnegay, after he was on the ground in handcuffs, the officer reached into his pocket and found the receipt — along with his change from paying for the tomato.

Carnegay’s attorney, Craig Jones, said the entire incident could have been avoided with one question. “Somebody could have come up to him and said, ‘Excuse me sir, do you have [a] receipt for that tomato?’ and he would’ve shown him the receipt.”

Instead, Jones says, “The officer went into Robocop mode and beat the crap out of him.” Carnegay claims the cop “found the receipt and stood there like he hadn’t done nothing.”

In spite of this, Carnegay was still sent to jail and charged with simple battery against police, as well as willful obstruction of law enforcement officers. He was first taken to Grady Memorial Hospital, where he was chained to his bed, and then transferred to Fulton County Jail.

He was released after three days and the charges were dropped, but between the false accusations, brutal attack, and subsequent incarceration, Carnegay does not feel justice was served. According to his lawsuit, filed April 6 against Walmart, the manager on duty, and King, he is seeking damages for “pain and suffering, damage to his reputation and legal fees he incurred defending himself,” the Atlanta Journal-Constitution reported. The lawsuit could take three years to complete, according to WSB-Atlanta.

Walmart offered a tepid statement on the incident and subsequent lawsuit. “We take the matter seriously. We will review the allegations and respond appropriately with the court,” a representative told WSB-Atlanta.

Atlanta police declined to comment — but the audacity their off-duty officer displayed by brutally attacking a man for not stealing a tomato speaks volumes.

This article (Man Beaten Then Jailed 3 Days for NOT Stealing a Tomato from Walmart) is free and open source. You have permission to republish this article under a Creative Commons license with attribution to Carey Wedler and theAntiMedia.org. Anti-Media Radio airs weeknights at 11 pm Eastern/8 pm Pacific. If you spot a typo, please email the error and name of the article at edits@theantimedia.org.

 

From theantimedia.org Team