Pubdate: Sun, 28 May 2006 Source: Milwaukee Journal Sentinel (WI) Copyright: 2006 Journal Sentinel Inc. Contact: http://www.jsonline.com/news/editorials/submit.asp Website: http://www.jsonline.com/ Details: http://www.mapinc.org/media/265 Author: Dan Benson Bookmark: http://www.mapinc.org/pot.htm (Marijuana) POT-GROWING CASE REDUCED TO MISDEMEANOR Man, 20, had faced up to 10 years after Mequon police found dirt bins, heaters Port Washington - A felony drug-trafficking charge against a 20-year-old Mequon man who police said ran an elaborate marijuana-growing operation in the attic of his parents' house was reduced Monday to a misdemeanor charge of marijuana possession. Ozaukee County Judge Joseph D. McCormack found Erick J. Schuchard guilty on Monday of two counts of marijuana possession and one count of possessing drug paraphernalia. Heoriginally was charged with manufacturing marijuana with intent to deliver, a felony for which he could have been sent to state prison for 10 years and fined $25,000 if convicted. He also was charged with marijuana possession, which carries a maximum fine of $1,000 and six months in jail. According to a criminal complaint filed in January 2005, police discovered a marijuana-growing operation while investigating the attempted burglary of a house next door to Schuchard's parents' home on N. Columbia Drive in Mequon. Mequon police wanted to examine a pair of shoes belonging to Schuchard to see whether they matched footprints found at the house next door. But Schuchard's father, Gregory Schuchard, refused to turn over the shoes without a search warrant, so Mequon officers returned with a warrant. When Schuchard's parents refused to help police find the shoes, police began searching the house and found more than 25 marijuana plants and "an elaborate marijuana-growing system" in the attic, according to the complaint. The system included three 14-gallon bins filled with dirt and dried marijuana leaves, two electric heaters, 17 empty 2.5-gallon jugs of purified water, potting soil, fertilizer, vermiculite, two fluorescent light strips and two water pumps connected to tubes running into other bins and then into the 14-gallon bins, the complaint says. Schuchard's fingerprints were found on much of the equipment, the complaint says. Schuchard, is attending college in North Carolina, which contributed to him missing several court dates, according to court records. The drug paraphernalia charge is a misdemeanor for which Schuchard could be fined $500 and sentenced to 30 days in the Ozaukee County Jail. Ozaukee County Assistant District Attorney Adam Gerol recommended that McCormack sentence Schuchard to 30 days in jail with work release privileges, six months suspension of his driver's license and $600 in fines plus court costs. McCormack is not bound by Gerol's recommendation and could sentence Schuchard to the maximum allowed. A sentencing hearing is scheduled for Aug. 8. Schuchard and Patrick J. Pugely, 20, also were charged with attempted burglary after the incident. The burglary charge against Schuchard was dismissed in March 2005. The charge against Pugely was reduced to three misdemeanors - criminal damage to property, illegal entry and disorderly conduct. He was sentenced in October by Ozaukee County Judge Tom R. Wolfgram to 90 days in jail, 100 hours of community service and three years of probation. Schuchard and Pugely each could have been imprisoned for up to six years and three months on the burglary charge if convicted. Schuchard had a previous run-in with police on Feb. 7, 2004. A River Hills police officer reported finding Schuchard intoxicated and sitting in a car while a tow truck driver was attempting to pull the car out of a ditch on N. Range Line Road. For that he was given citations alleging violating absolute sobriety and refusing to take a Breathalyzer test. The sobriety citation was later reduced in Municipal Court to an improper turn forfeiture. Schuchard pleaded guilty in Milwaukee County Circuit Court to the refusal citation. . - --- MAP posted-by: Richard Lake