Colorado Man Imprisoned Over Imitation Pot

Sababu Colbert-Evans, 26, was sentenced to sixteen years in prison for his involvement in a gun fight at a mall in Aurora, Colorado over a marijuana, which turned out to be broccoli. The jury found Colbert-Evans guilty of attempted first-degree murder.

In March, Tercell Davis (a drug dealer) received $10,000 in exchange for the supposed marijuana. It was, in reality, broccoli purchased from a grocery store. The buyers didn't notice the difference until they left the transaction. The next day, they scheduled another meeting under a different name in hopes of getting their money back or actual marijuana.

They met in the parking lot of the mall. This time Davis brought Colbert-Evans and more broccoli. An argument ensued. Davis and Colbert-Evans fired shots at the fleeing buyers. Colbert-Evans hit one in the torso.

Colbert-Evans was found guilty of attempted first-degree murder, and extreme indifference, which is a Class 2 felony. He will served the mandatory minimum sentence of 16 years in the Department of Corrections, with five years of parole.  He was also found guilty of attempted second-degree murder, distributing an imitation controlled substance, conspiracy to distribute an imitation controlled substance, and reckless endangerment. These sentences will be served in concurrent to the greater sentence.

Davis pleaded guilty to attempted second-degree murder and will be sentenced on August 7.

Comments from Allen:

You don't mess with a broccoli salesman packing heat.  I guess this case demonstrates that selling marijuana can be safer than selling broccoli.

Frankly, I do not understand the actions of the actors in this case.  The sale occurred in Colorado, where marijuana is sold openly in boutique shops that specialize in selling marijuana in all forms, including edible products; strolling down the streets of Aspen, you will find more pot shops than grocery stores.  Under those circumstances, why anyone would pay $10,000 to someone on the street for glass jars with green plants in them is beyond me.


Additionally, since people who buy drugs get upset when they buy fake drugs, the victims in this case probably set up the second meeting intending to beat on or shoot at the sellers until they returned their $10,000.  The sellers responded to intended violence with violence of their own.

My point is that the victims are not totally innocent here.

Another interesting point raised by this case is the notion of "imitation controlled substances."  This is an important aspect of drug laws in the U.S.   Essentially, selling fake drugs will get you into as much trouble as selling real drugs.  Selling a purse full of aspirin represented to be a purse full of some narcotic drug is a serious crime, even though the stuff sold is not generally dangerous.  More commonly, a drug like cocaine will be cut with flour to generate more revenue for the seller; if a buyer wants a pound of cocaine and you have only 1/2 pound, the temptation is great to add 1/2 pound of flour to the mix and re-package what you have.  If caught, you will be sentenced for selling an entire pound of cocaine.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents, truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more Information:

http://www.da18.org/MediaCenter/NewsReleases/NewsReleasesDetail/tabid/119/ArticleId/613/Prison-for-man-involved-in-gunfight-over-fake-pot.aspx

http://www.idahostatesman.com/news/nation-world/national/article163964432.html#fmp

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