ELDERLY POT GROWER IS HAPPY WITH SENTENCE

Man Who Had 500 Plants Receives 30 Days

An elderly Ka'u man was sentenced Wednesday to 30 days in jail for
growing marijuana.

Under terms of a plea agreement, Hilo Circuit Judge Greg Nakamura also
sentenced Leovegildo Mercado, 81, of Pahala to 60 days home electronic
monitoring and five years probation.

Mercado pleaded no contest June 5 to second-degree commercial
promotion of marijuana. Prosecutors reduced a first-degree commercial
promotion charge, and dropped two other commercial promotion charges,
one count of promoting a detrimental drug and six firearms offenses in
exchange for Mercado's plea.

Mercado was arrested Sept. 11 after police searched his Pakalana
Street home. A search warrant was issued following aerial surveillance
of the area. Officers found 506 marijuana plants, 4.9 pounds of dried
marijuana, two rifles, a handgun and ammunition.

Deputy Prosecutor Jefferson Malate argued for the jail term.

"The significant amount of marijuana found indicates that the
defendant was engaged not only in the use, but in the distribution of
it," Malate said. "He has injected marijuana into the community."

Mercado's attorney, Deputy Public Defender Michael Ebesugawa, argued
that that Mercado "indicated he was using marijuana for medicinal
purposes." He said that the lack of packaging materials found in
Mercado's home, such as zipper-lock plastic bags and vacuum sealers,
is evidence that Mercado was not selling the drug.

"He did not inject marijuana into the community," Ebesugawa said.

In asking for probation without jail time, or that any jail term be
suspended or stayed, Ebesugawa noted Mercado's age and limited
criminal record. He said that Mercado forfeited bail on a cruelty to
animals charge in 1959, was convicted of cruelty to animals in 1975,
and was allowed a deferred plea acceptance on a marijuana charge in
1982, which means it is not a part of his permanent criminal record.

"Mr. Mercado is a valued member of the community," Ebesugawa said. "He
is not someone you would consider a danger to the community, but is a
constant in the Pahala community."

Police also seized almost $44,000 in cash for forfeiture in Mercado's
residence. Ebesugawa said he has advised Mercado not to talk about it,
since he is contesting the state's effort to confiscate the money. He
said that the money, plus a scale found in Mercado's home, were there
because Mercado was selling homemade smoked meat and Portuguese sausage.

Mercado, who was born in the Philippines, appeared in court with
Ilocano interpreter Antonia Lambayan, and requested a hearing-impaired
headset.

"If possible, I would like no jail," he told the judge. "I will follow
the rules. I will obey the law. This will never happen again."

When Ebesugawa told Mercado that he had received a 30-day jail
sentence, Mercado dropped his headset on the defense table and his
knees visibly buckled.

Mercado, who was described by Ebesugawa as a "lifelong pig hunter,"
won't be allowed to own, possess or use firearms or ammunition, a
standard condition of probation. Through Ebesugawa, he requested that
he be allowed to transfer his guns and ammo to family members, and
Ebesugawa asked that police be directed to "keepsake the firearms and
not destroy them."

"The state's concern is that even making arrangements is 'constructive
possession,'" Malate said. Afterwards, Malate said that if relatives
have the guns, Mercado could have access to them.

Nakamura said he would schedule a hearing on the firearms matter. He
allowed Mercado to remain free until Monday morning, so he can make
arrangements for care of his animals.

After sentencing, Mercado laughed and bantered with family members and
Lambayan outside the courtroom.

"Only 30 days," he said, flashing a grin.