Five years in prison followed by four years' probation is the price Robert Bruce Hey must pay for marijuana cultivation and possession of a firearm by a felon.
Five years was the minimum prison term required by federal drug laws, a prosecutor said earlier. Hey faced the possibility of 40 years in prison and a $2 million fine in his appearance before U.S. District Judge Paul G. Cassell last week.
No discussion occurred in court about an aspect that horrified some residents of the Duchesne County region where Hey's extensive underground cannabis farm was discovered. Wayne Perank, a Ute Indian, and others were concerned that investigating officers found the skull of a young girl stuck on a fence post like a trophy or a warning emblem.
The skull was that of a young woman, probably a relative of Perank, who may have died a century or more ago. In March 2001, shortly after the raid, a photo of the skull ran in the Uintah Basin Standard newspaper.
Someone "had more than likely gotten into our family grave sites," Perank told the Deseret News in December 2002. "Our families lived there."
Hey was sentenced for marijuana cultivation and for being a felon in possession of a firearm. A third charge, possession of dynamite by a felon, was dropped.
"There is an agreement in this case (between the defense and prosecutors) for a 60-month sentence," Cassell said. He ordered the prison time to be followed by 48 months' supervised release during which Hey is not to drink, use drugs, possess firearms or commit other crimes.
Noting Hey could not pay a fine, Cassell didn't impose one. But he ordered the defendant to immediately pay a $200 special assessment. He also ordered counseling and drug and alcohol testing once Hey is released on probation.
Officers began investigating a possible assault and stumbled upon the marijuana. But in court, Hey's lawyer, Carvel R. Shaffer, disputed a note in a federal presentence report that Hey had shot a firearm near his wife's leg.
"They both say that's not true," he said. Cassell said his sentence would not be based on the shooting report.
"The guns in evidence were not his," added Shaffer. While Hey knew they were present, he was not aware that as a convicted felon they should not on his property, he added.
Cassell granted a defense motion that Hey be allowed to turn himself in to serve his sentence. That will be on April 4. The judge also agreed to recommend that he be incarcerated in Phoenix.
E-mail: bau@desnews.com