Tuesday, Apr. 29, 2008

Plea deals from four in pot dispensary case leave two men to stand trial together

Two Modesto men who ran a medical marijuana dispensary on McHenry Avenue will face trial together because four co-defendants accepted plea deals Monday in U.S. District Court in Fresno.

Ricardo Ruiz Montes and Luke Scarmazzo, both 27, were arrested with seven others in September 2006 after a 15-month investigation by the Modesto police and the U.S. Drug Enforcement Administration.

In legal papers, authorities argue that Montes and Scarmazzo were engaged in an ongoing criminal conspiracy.

Montes and Scarmazzo face 20 years to life in prison if convicted. The men and their attorneys contend that they were properly licensed and following the dictates of Proposition 215, the 1996 initiative that legalized the medical use of marijuana in California.

Two marijuana suppliers who were arrested in the raid -- Bradley J. Wickliffe, 29, and Brad Heinmiller, 33 -- took plea deals in October and January. The government in September dropped its case against Stephen J. DeMattos, 25, who worked at the collective.

Four of the remaining co-defendants took deals as the case headed to trial, according to court records. It was unclear what sentences they face.

Brothers Antonio Malagon, 30, and Jose Malagon, 24, who were managers at the collective and, according to authorities, associated with homes in which marijuana was grown, pleaded guilty to conspiring to manufacture and distribute marijuana. They are to be sentenced July 14.

Monica Valencia, 26, who made bank deposits for the collective, pleaded guilty to possession with the intent to distribute marijuana. She is to be sentenced Aug. 18.

Lucky Jamal Boisierre, 27, who had 1,100 marijuana plants in his home, pleaded guilty to possession with the intent to distribute marijuana. He is to be sentenced July 14.

Wickliffe, Boisierre, DeMattos and Heinmiller are on the government's witness list, so they may be called to testify against Scarmazzo and Montes.