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The Honolulu Advertiser
Posted on: Wednesday, April 23, 2008

Volcano pot farmer given 20-year term

By Kevin Dayton
Advertiser Big Island Bureau

HILO, Hawai'i — A Big Island man was sentenced to up to 20 years in prison yesterday for commercial promotion of marijuana, the only case in recent memory where a first conviction in a marijuana case prompted such a long sentence.

Volcano resident David Finley Jr., 65, was arrested Jan. 29, 2007, in a raid on his Volcano ranch that turned up three indoor growing operations on the property, including a greenhouse attached to Finley's home, equipment for manufacturing hashish and more than 75 pounds of dried marijuana and other drugs.

The dried marijuana found on the property included 127 sealed 1-ounce packets labeled with prices of $280 to $300 each, according to court records.

Finley pleaded guilty on Feb. 14 to two counts of commercial promotion of marijuana, and yesterday told Hilo Circuit Judge Glenn Hara that "I'm terribly sorry for what I've done."

"I know I've done wrong, and I have to be responsible for that," he said.

More than 90 letters of support were submitted to Hara asking for leniency, including letters from members of Finley's church, his childhood friends, college friends and others.

Hara told Finley he does not believe Finley is "an evil person," but noted Finley was arrested in another raid at the property in 2006, and said it appeared Finley had been growing marijuana for sale for about six years.

Hara said he knows marijuana use is entrenched on the Big Island, but questioned what would make a person with Finley's background opt to grow the illegal crop.

"How do we get the message across that there's still marijuana laws on the books, and it's still illegal?" Hara asked.

Finley's lawyer Brian De Lima asked that Finley be sentenced to probation, but Hara told Finley that "any sentence other than prison would undermine the community's respect for the law." He then imposed two 20-year terms that will run concurrently.

"I think 20 years in prison is a very stiff sentence for Mr. Finley given his background," De Lima said after the hearing. "I think the judge wanted to send a message to the general community, and, unfortunately, Mr. Finley was the recipient of that message."

Prosecutors also filed to seize the Volcano ranch in a forfeiture, and De Lima said the Finley family will pay $85,000 to settle that case.

The Hawai'i Paroling Authority will decide how much time Finley will have to serve before he is eligible for parole.

Reach Kevin Dayton at kdayton@honoluluadvertiser.com.