MARIJUANA CHARGES AGAINST FIRE CAPTAIN REDUCED

One defendant was released and another will face only one of three
possible charges related to a marijuana garden found at the home of a
former Ukiah Fire Department captain.

UFD Capt. Terry Israel, her son Eric Weston and Victor Villalobos
were all cited on suspicion of cultivation of marijuana, possession
of marijuana for sale and maintaining a place for the production of a
controlled substance on Jan. 18 after officers seized more than 600
marijuana plants from Israel's home at 740 Canyon Court in Ukiah.

On Friday, following a preliminary hearing, Mendocino County Superior
Court Judge Cindee Mayfield found that Villalobos could not be held
to face any charges in the case and that Israel will only face
charges that she maintained a place for the production of a
controlled substance.

Mayfield ordered that Weston stand trial on all three
charges.

Mendocino County sheriff's deputies found the 648 plants on Jan. 18
while searching the home for Ashley Weston, who had a warrant out for
her arrest.

The bulk of the plants, 604, were "clones" no taller than two inches,
said Special Agent Robert Moore. The rest were plants standing
two-feet tall that were in a closed off room that Weston said he had
built as a grow room, Moore testified Friday.

Officers also seized just under a pound of dried marijuana from a
cabinet in the garage, Moore said.

Moore testified that, when Eric Weston and Villalobos arrived at the
house, Villalobos presented police with a medical marijuana
recommendation and told officers that Eric Weston had been growing
medical marijuana for him.

Villalobos told officers he was using around an ounce of marijuana
per week to treat pain from an ankle injury he suffered nine years
ago.

Moore testified that, at the time of the arrest, Mendocino County law
allowed a medical marijuana patient or caregiver to grow 100 square
feet of canopy's worth of marijuana and possess up to two pounds at
a time. Moore said he did not know exactly what the canopy on Canyon
Road measured, but said he felt the garden was out of compliance.

Eric Weston also told officers he was growing marijuana for
Villalobos and that this was his third grow in the garage on Canyon
Court. Moore testified that Eric Weston told officers he had grown 55
ounces of marijuana last year and given most of it to Villalobos,
though Moore said Eric Weston did say he had given some of it away to
friends.

Moore said officers did not find any scales, bags or large amounts of
cash in the Canyon Road house, things he said are often associated
with commercial marijuana grows. Moore testified that Eric Weston
told officers he was growing the marijuana without being paid.

Moore testified he thought it unlikely anyone would do that because
of the expense in terms of materials, time and money.

"The amount of the PG&E bill was just shy of $1,100" a month, Moore
said.

During an interview with Israel, Moore said she told officers she was
aware of the marijuana garden in her garage but said she had been
told it was for medical use and was being grown in compliance with
local medical marijuana laws. Moore testified that no statements
were made by any of the defendants that Israel was ever seen
cultivating or possessing marijuana, and that no marijuana was found
in her direct possession.

Israel and her son are both scheduled to appear for arraignment at 10
a.m. Aug. 19 in courtroom H.