A provincial court judge is being asked to decide between jail time and a conditional sentence for a man who has pleaded guilty to helping run a marijuana grow operation in an isolated section of the industrial area east of Queensway.
Brent Alexander Burton, 28, and Nigel Eugene Pierini, 32, were arrested in August 2012 after RCMP seized 705 plants in various stages of growth from what was once two mechanic shops at the west end of Lower Patricia Boulevard.
At a sentencing hearing Wednesday for Burton at the Prince George courthouse, Crown prosecutor Ben Alkema argued for one year in jail while defence lawyer Fred Fatt sought a conditional sentence, where Burton would serve the term in his home but be subject to conditions such as a curfew.
Outlining the police investigation that led to the raid, Alkema said police first became aware of the operation when an RCMP member noticed the smell of marijuana from the building on July 26, 2012.
RCMP subsequently conducted surveillance of the building and saw both Burton and Pierini drive up to and enter the building in separate vehicles, the latter carrying in 69 clones on one occasion.
Police also found that Burton was driving without insurance and pulled him over. After his identity was confirmed, Burton was sent on his way but with police tailing him and slightly less than two hours later, his vehicle was found parked in a rear alley in the 1300 block of Carney Street.
It turned out it was the business address for a holding company that owns the building, Alkema told the court, and it also turned out Burton's father-in-law was a company director. However, police were unable to directly link the man to the grow op.
On Aug. 1, 2012, police had a warrant to search the building and when no one had shown up by the early afternoon, they decided to move in. While RCMP were still there, Pierini was seen driving by, Alkema said, and was pulled over.
RCMP found $3,000 in cash, a water container and a gas bill for the building were found in his vehicle, and Pierini was arrested and later released. Two weeks later, Burton was also arrested and later released on a promise to appear.
Inside the building, RCMP found four rooms covered in white plastic sheeting and equipped with high intensity light bulbs. A watering system was in place in two of the rooms and hand watering was required in the other two.
Depending on how much bud they would yield and the estimated price on the street, the value of the plants was estimated at as little as $80,000 and as much as nearly $635,000.
In arguing for jail time, Alkema referred to a handful of cases for similar offences in which the accused was sent to a term behind bars despite pleading guilty. It was also noted that, had Burton committed the crime today, he automatically would have been sentenced to two years in jail as a result of now enacted federal legislation.
Speaking in favour of a conditional sentence, Fatt noted that Burton has no criminal record, has expressed remorse for his decision, is working and has a family to support. He also maintained Burton's role was simply that of a gardener and there was no evidence he would have reaped any of the profit.
Given a chance to speak to the court, Burton said he was ashamed and sorry for his actions.
Provincial court judge Michael Brecknell reserved his decision to a future date.
