MIAMI — Convicted pot grower Kobie O. Gary, son of famed Stuart lawyer Willie Gary, is expected to face a federal judge in Miami Wednesday morning to begin what’s scheduled to be a two-day sentencing hearing before U.S. District Judge K. Michael Moore.
Gary, 30, of Jensen Beach, faces a mandatory minimum of five years behind bars and up to a $2 million fine after pleading guilty in January to conspiracy to manufacture and possess with intent to distribute 100 or more marijuana plants.
Gary’s co-defendants, Stephen Shepherd, 33 of Hobe Sound, Scott Gibson, of Stuart, and David Grant, 26, of Jensen Beach, have all pleaded guilty to the same offense.
In each case, federal prosecutors agreed to dismiss two additional charges of maintaining a place to cultivate, possess and distribute more than 100 pot plants.
Gary’s legal team have said they intend to argue their client qualifies for a “safety valve exception,” which allows the court to sentence him to a shorter prison term provided Moore is convinced he wasn’t a ringleader or used guns in the offenses.
In court papers, the attorneys are recommending a two-year sentence: one year incarceration and another year substance abuse treatment supervised by the court.
Gary and Shepherd were arrested Oct. 27 when Martin County Sheriff’s Office deputies raided a Hobe Sound house at the 7200 block of Mulberry Drive and found more than 230 pot plants in various stages of growth. Authorities then said the marijuana had a street value of about $100,000.
On Tuesday, federal prosecutors filed a 33-page transcript of Gary’s “safety valve statement” to authorities in which he details his role in the Hobe Sound grow house operation.
His attorneys meanwhile, filed several letters written in support of Gary, including a statement from former Martin County Commissioner Elmira Gainey, Bishop Harold Calvin Ray, senior pastor of the Redemptive Life Fellowship in West Palm Beach, and Talbert O. Shaw, president emeritus of Shaw University.
This story will be updated as the hearing proceeds.