The case of an 81-year-old rancher, charged with growing marijuana in what has been variously viewed as a blatant land grab or a legitimate drug bust, is ending in a settlement.
"It all seems to have been settled in spite of what I think. I think this is all a setup," Garfield County rancher Bradshaw Bowman said."Everybody's going to profit very well. It's a great thing for the county. I wish I were younger. I would fight a little better."
Bowman was arrested at his ranch July 27, 1990, by the Garfield-Kane Drug Task Force, which confiscated 60 marijuana plants and charged him with four drug counts.
Prosecutors then sought forfeiture of 80 acres of his 160-acre ranch on grounds the property was used in connection with illegal criminal activity.
The ranch lies between Escalante and Boulder at the gateway to one of southern Utah's most spectacular canyon systems. County authorities claimed Bowman cultivated marijuana in a thicket of tamarisk trees beside the Escalante River, which runs through property long coveted by developers and conservationists alike.
Bowman, a designer, builder, sculptor and painter, designed a main house to look like an old Mormon barn and added a guest cottage. He and his wife settled in Utah in 1977 after raising three daughters in Carmel, Calif. His wife died seven years ago, and Bowman buried her in a family cemetery nearby.
Last year, Bowman said it was the retreat he'd sought for 40 years - "probably as close to heaven as I'll ever get."
The case had dragged on for nearly two years but was to have gone to trial Thursday in 6th District Court.
Instead, the prosecution and defense worked out two settlements - one for the criminal case, which will be presented to Judge Don Tibbs on April 16; the other involving the civil forfeiture, which goes before Judge David Mower at a later, unspecified date, said defense attorney Marcus Taylor.
Taylor would not disclose specific terms, and Garfield County Attorney Wallace Lee declined comment.
Kane County Attorney Jim Scarth, who handled the civil case, said the agreement will require Bowman to pay "certain cash to the state with the purpose being for narcotics law enforcement."
The government will not get the land, however. "No, they're not getting it at all," said Bowman, who believes authorities railroaded him in order to take possession of his "paradise."
And though he would have liked an opportunity to have his name cleared, he said he did not have the finances or energy to continue.
Bowman agreed to enter no-contest pleas to all four charges - felony counts of production of a controlled substance, possession of a controlled substance with intent to distribute and failure to affix drug stamps to the marijuana, and a misdemeanor drug paraphernalia charge.
He will serve 10 days in jail and pay $120,000 in fines, with the money to come from the sale of three 40-acre parcels of his ranch to private buyers. He will keep the last 40 acres.
"That's not so bad because I'll still be here. And I will take the high ground and look over all of it."
The jail time troubles him, however, because of his age and the fact that he lives alone with six show horses and a dog.
"It's quite a hardship. And after all that money, I don't see why the small bit of my staying in jail locally is going to make any difference. But there's a new district attorney here and I think maybe he could use some stature," he said.
Bowman continues to maintain his innocence, saying the marijuana could have been planted by his children, their friends, or any of the hikers or outdoor enthusiasts he has allowed to use his land.
Prosecutors have never been able to prove who planted the crops, he said, and the defense has contended throughout that the marijuana was found through an illegal search in which jailed drug offenders were given leniency if they looked for evidence on the ranch.
While disgusted with the "police mentality" he blames for his predicament, Bowman is heartened that those buying the bulk of his ranch are friends.
"I decided long before this happened that I would sell this much of it," he said. "Each piece has a river on it and it's just delightful, like the people who will be here. How much land does one need, anyway?"