- Elizabeth Larson
- Posted On
Lucerne man sentenced in environmental crimes case; terms include rule against possessing fertilizer
LAKE COUNTY, Calif. – On Tuesday a Lucerne man charged in an environmental crimes case arising from a marijuana growing operation received a sentence that, among other things, prevents him from possessing fertilizer or pesticide, greenhouses or lighting systems.
Aleksander Robin Tomaszewski, 33, was sentenced for violating California Fish and Game Code sections relating to unlawful stream diversion and unlawfully dumping trash and rubbish within 150 feet of a streambed, according to the Lake County District Attorney's Office.
In this case, it's the first time that such unique terms probation – including a prohibition against possessing fertilizer or lighting systems – have been implemented, according to California Department of Fish and Wildlife Lt. Loren Freeman, who investigated the case against Tomaszewski.
“It's really setting a precedent,” Freeman said.
The case against Tomaszewski resulted from a joint Department of Fish and Wildlife and Lake County Sheriff Department investigation into a marijuana grow in Clearlake Oaks in December of 2012.
At that time, Tomaszewski was arrested after the Sheriff’s Narcotics Task Force and the Sheriff’s Special Weapons and Tactics Team found 170 pounds of processed marijuana in his Lucerne home during the service of a search warrant.
During that investigation California Fish and Wildlife Officers discovered illegal grading and dumping activities in watercourses near the grow site at 22042 Moccasin Lane, located in the Double Eagle Ranch subdivision near Clearlake Oaks, the District Attorney's Office reported.
Freeman said Tomaszewski had dammed up a seasonal stream that ran through the Double Eagle property, driven over it and left trash everywhere.
At one point, the area became like a small lake due to a large amount of seasonal water. Freeman said that dam broke and washed sediment 100 yards downstream.
After the issues initially were discovered, Freeman went back to the property – which has no permanent residence – to see if it had been cleaned up and found that Tomaszewski had started growing marijuana again, and doing more damage to the creek and natural features.
Under the terms of the sentence, Tomaszewski can't have any water storage conveyance, application or equipment within 150 feet of any water body or watercourse; can't possess or maintain any greenhouse, hoop-house, or other similar environmental modification structure; can't possess any commercial fertilizer, soil amendments, pesticides, fungicides or herbicides; and can can only have an organic compost container or system not to exceed one cubic yard.
He's also prohibited from possessing any device or system designed for the delivery or application of carbon dioxide, or from having or maintaining any electrical system, portion of system, or device which is not in compliance with applicable county building codes and regulations; may not possess or maintain any lights, lighting systems, or lighting equipment designed for use in growing indoor vegetation; and shall not have in his possession any electrical generator rated for or designed to produce in excess of 4000 watts.
He's also ordered that within 30 days of the date of his probation order, he must completely clean up, remove and legally dispose of all outdoor vegetation growing related material, equipment and trash located at 22042 Moccasin.
The terms of his probation require that he maintain and provide upon demand receipts and documentation as to the location and method of disposal of the above equipment and materials.
The probation conditions were developed in coordination with the Department of Fish and Wildlife, Lake County Probation Department, Lake County Community Development and the District Attorney’s Office in an effort to address issues in this case, and in future cases which deal with illegal water diversions and other environmental damage.
Freeman credited the District Attorney's Office with doing “a phenomenal job” in prosecuting environmental crimes, trying to get stiffer penalties and using probation terms to prevent repeat offenses.
District Attorney Don Anderson said his office is increasing its push on environmental crimes thanks, in part, to recent training with a state circuit prosecutor that gave his staff the needed knowledge to pursue such cases.
He said his office is taking a tough stance on environmental crimes, especially as they relate to marijuana and the proliferation of illegal grow sites.
They're seeing more of such cases, Anderson said. “It's a problem throughout Northern California.”
Freeman agrees, adding, “It's getting worse.”
He said marijuana growers tend to start out small. If they don't get caught in the first year, they tend to build onto what they've already done as the years go by. “And it just gets bigger and bigger.”
Two-inch pipes in streams and small dams then give way to building ponds and bringing in water tanks, such as in a recent Upper Lake investigation in which he participated.
In that case, the growers had started with a pipe in a stream, then built a pond, then constructed on a hilltop a large concrete block water container that could hold 36000 gallons – or enough to fill nine water trucks, he said.
Freeman said it was the largest such manmade catchment pond that he's seen, and it was filled by pumping the nearby creek dry.
“The water is key. You can't grow marijuana without water,” he said.
Freeman said he investigates calls about such cases as they arise.
What's happening in Lake County, he said, isn't unique.
“We're seeing this statewide,” Freeman said. “Every place that marijuana's being grown, we're seeing these marijuana crimes that go along with it.”
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