Pot caregiver's 2012 sentence revoked
A 54-year-old Kalispell man arrested in 2011 while hauling marijuana to Great Falls had his deferred sentence revoked after his petition for early termination went seriously awry.
According to court records, Robin Ruiz and his next-door neighbor, Lief Erickson, 51, were stopped by law enforcement on U.S. 2 near Lake Five Road on Feb. 3, 2011. A search of their vehicle turned up more than three pounds of marijuana, 300 capsules containing THC and five vials of suspected THC honey.
Erickson and Ruiz defended themselves by claiming they were delivering medical marijuana products to a caregiver in Great Falls for distribution to patients.
The Medical Marijuana Growers Association came to their aid and sued Flathead County Attorney Ed Corrigan, claiming Ruiz and Erickson were legally transferring marijuana under the state’s Medical Marijuana Act.
Flathead County District Court Judge Stewart Stadler, however, ruled that the Medical Marijuana Act did not allow for medical marijuana transactions between caregivers. The Montana Supreme Court later upheld Stadler’s decision on appeal.
Ruiz and Erickson eventually pleaded no contest to felony criminal possession with intent to distribute. Flathead County District Court Judge David Ortley sentenced Ruiz to four years deferred and gave Erickson a four-year suspended sentence.
Ruiz petitioned for early termination of his sentence on May 29, but less than a week later the probation office issued an unexpected violation report.
According to the report, Ruiz allegedly possessed two assault rifles and two handguns that were fully loaded with rounds in the chamber; had bottles of vodka stashed around his home on Farm To Market Road; had been seen drinking and shooting firearms on his property; and made dozens of purchases at area liquor stores.
Much more serious were allegations Ruiz’s wife made in a petition for a temporary order of protection. She described 20 years of brutal treatment by her husband, including physical and verbal abuse, numerous calls to the sheriff’s office, a permanent black eye and getting choked nearly to death.
On Aug. 7, Judge Ortley re-sentenced Ruiz to two years with the Montana Department of Corrections, all suspended, with credit for time served.