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14 months for man accused of running two marijuana growing operations

Posted: August 16, 2012 - 12:05am
Scott W. Eberhardt, 28, smiles at his sister after his sentencing hearing in Juneau Superior Court on Wednesday. Eberhardt was sentenced to serve a composite sentence of 14 months in prison for drug misconduct and violating conditional release.  Michael Penn / Juneau Empire
Michael Penn / Juneau Empire
Scott W. Eberhardt, 28, smiles at his sister after his sentencing hearing in Juneau Superior Court on Wednesday. Eberhardt was sentenced to serve a composite sentence of 14 months in prison for drug misconduct and violating conditional release.

A Juneau man who was arrested twice in four months for growing marijuana plants in his house was sentenced to 14 months in prison.

Judge Louis Menendez imposed the sentence for Scott W. Eberhardt, 28, in Juneau Superior Court Wednesday.

The sentence also requires 20 months in suspended jail time, three years of probation after his release from jail and restitution.

Prosecutors say police seized 181 marijuana plants from Eberhardt’s North Douglas home after a real estate agent showing the house to prospective buyers found the grow operation behind a newly sheetrocked area in the basement.

He pleaded guilty to a reduced misdemeanor charge and was awaiting sentencing while out on bail when he was arrested again in April.

Police conducted a controlled delivery of a package addressed to him at his new residence in the Mendenhall Valley. That package contained tablets of oxycodone hydrochloride, which is a painkiller commonly known as Roxicodone. Upon executing the search warrant, police found and seized 61 rooted marijuana plants found in his bedroom and bathroom, prosecutors said.

In connection to the later April incident, Eberhardt received 24 months with 20 months suspended for fourth-degree felony misconduct involving a controlled substance for knowingly possessing 25 or more marijuana plants; six months flat for a reduced misdemeanor charge of attempted fourth-degree drug misconduct for the oxycodone; and 60 days flat for violating conditions of release.

He received 60 days flat in connection to the December incident.

The time to serve in consecutive, making the composite sentence 14 months to serve.

Eberhardt, who was a student at the university at the time of his initial arrest, declined to address the court Wednesday.

“I have nothing to say,” he said into the microphone.

His attorneys, Julie Willoughby and Timothy Ayer, told the judge Eberhardt was an addict who became addicted to drugs after he injured his back in a car accident several years ago in California. He had a legal prescription then for both marijuana and oxycodone, they said, which has since expired.

Menendez noted this was the first time he was hearing of an addiction problem in this case, but ended up agreed that rehabilitation should be the number one goal of sentencing.

Deterrence of Eberhardt committing any crimes in the future and of others committing similar crimes were also factors in the decision, Menendez said.

Menendez also took note of Eberhardt’s youth and lack of criminal history.

• Contact reporter Emily Russo Miller at 523-2263 or at emily.miller@juneauempire.com.

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