Assistant Prosecutor Andy Sievers said the facts debunked that assertion.
“We’ve been dealing with these type of cases for a couple years. Whenever you have a new law you have issues that come up, one of them is ‘I didn’t know it was a law,’ ” Sievers said. “However in this case it wasn’t as difficult because the defendant repeatedly continued their conduct. The police warned them initially and they kept buying more supplies even after the police would seize some and tell them they were illegal, they would go and buy more.”
A jury found Shalash guilty on nine counts of drug trafficking and engaging in a pattern of corrupt activity after a three-day trial in March.
Oda attached prison terms to all of the counts but ran them concurrently. He also imposed a mandatory fine of $22,500 and ordered him to pay the cost of prosecution and $750 to reimburse the crime lab for testing the drugs.
Shalash was facing a possible 40-year prison term but Oda said state law constrained him.
“Considering the sentencing factors, not to mention the overcrowding in the prisons, I’m not sure this is the right sentence but that is an issue for the state legislature, not the court to consider,” he said.
Police got tips “hallucinogenic” substances were being sold out of the gas station and Shalash and five others were indicted a year ago. Police obtained a search warrant and found 100 containers of K2/Spice in a storeroom and there was more of that drug and bath salts under the counter.
Shalash’s attorneys had asked Oda to dismiss the case and free their client on May 13 because they said he was indicted under the wrong statute. Oda denied the request during the sentencing hearing saying the request was untimely.
Four of the five others involved in the case either had their case dropped or received community control. The fifth, Haitham Shalash, 21, is scheduled to stand trial in July.
About the Author