PIPE SHOP OWNER GIVEN PROBATION

The owner of a now-defunct Missoula pipe shop was sentenced Friday
in U.S District Court for distribution of drug paraphernalia.

David Sil, 61, will spend the next two years on probation, including a
six-month stint of home confinement.

In March, a Missoula jury convicted Sil on the federal charge
following a two-day trial.

But Sil's penalty could have been much worse.

Based on federal sentencing guidelines, he might have spent one full
year in a federal penitentiary.

Fortunately, Chief U.S. District Judge Don Molloy recognized the
complexity of Sil's case, and noted its convoluted nature before
imposing the sentence.

Paraphrasing former Illinois Sen. Everett Dirksen, Molloy said, "The
effectiveness of this case will have all the effectiveness of a single
solitary snowflake falling on the bosom of the Potomac."

But in a news release, U.S. Attorney Bill Mercer stated: "As we try to
protect our communities from the scourge of drugs, we will continue to
enforce the laws that Congress has created to help us fight this
problem. I thank DEA for its efforts on this case. I am confident that
this prosecution will deter others from engaging in the commercial
distribution of drug paraphernalia in Montana."

"I don't think cases like this deter anyone," Molloy said.

Last May, Drug Enforcement Administration agents seized pipes, cash,
clothing items and business records from Sil's shop, The Vault, a
small pipe and tobacco accessories business he opened nearly 10 years
ago on West Broadway.

On Friday, fighting for a sentence at the lower end of the federal
spectrum, Sil's attorney, Martin Judnich, explained that his client
operated The Vault in Missoula for eight years, without subterfuge and
without legal consequences.

"The Vault is the only business in the city of Missoula that was
indicted," Judnich said. "There's a handblown glass pipe shop in the
physical space where the vault was located. Why is this happening?
Because the federal government can."

Judnich also pointed to Sil's spotless criminal history to evince the
man's disposition.

At Sil's trial, Deputy County Attorney Mike Sehestedt even testified
that before Sil opened his shop, the business owner made a point to
visit the county attorney's office and make certain his business was
within legal boundaries. And the law gave Sil a green light.

But when federal agents overran The Vault last May, they also swept
through Bozeman, Kalispell, Great Falls and Billings, seizing similar
items from one store in each city. Each of the store's owners were
then federally indicted for selling drug paraphernalia.

But as each of the five cases has moved along, there have been
divergent outcomes.

On Thursday, a Missoula jury acquitted Bradford Moore on idential
charges stemming from the man's Kalispell business, Heads Up Tobacco
Accessories.

Next week in Butte, the owners of The Grateful Shed in Bozeman - Steve
Andriakos and Tom Robinson - also will stand trial on the federal charges.

In February, Sue Kerkes, owner of Blue Moon Music in Great Falls,
changed her plea to guilty during a federal court session.

Kerkes, 49, initially pleaded not guilty to the federal charges and
demanded a jury trial along with her co-defendants, but finally signed
a plea agreement.

Kerkes is scheduled to be sentenced June 19. She is currently released
on special conditions.

Before Molloy imposed Sil's sentence on Friday, Judnich called three
people who know the man to testify on his behalf.

Ted Engler, a Missoula engineer, took the stand first and stuck it to
the feds.

"This case is all about an overreaching federal government," Engler
said. "The bust occurred one week after the marijuana referendum. He
got caught in a political system. He was doing this illegal thing for
10 years, and all of a sudden Dave is a criminal? That doesn't wash
for me."

Because the point of the criminal justice system is to promote
deference for the law, Molloy called the prosecution of Sil's case
"oxymoronic prosecution."

"The sentiments expressed by Mr. Engler do not reflect promoting
respect for the law," Molloy said.

Sil also addressed the court, and spoke about his community
involvement and experience counseling veterans, incest victims and
battered women.

Sil said for eight years, he had no idea there was anything illegal
about his business.

"There was nothing clandestine about this operation," Sil said.
"Nobody was hiding out in the bushes. This stuff is sold over the Internet."

Molloy acknowledged Sil's civic pride and commitment.

"This is the kind of person who has reached out to those in need and
reached in a way that reflects what citizenship is about," Molloy
said. "I have no concern there will ever be any criminal conduct by
you."