[420 Girl]

A New Hartford man who grew marijuana in a small warehouse in Torrington was sentenced Thursday to serve three years probation and agreed to pay the state to save his property from a drug forfeiture action.

Kevin G. Cote, 53, 190 Sabolcik Road, pleaded guilty to possession of a controlled substance with intent to sell, possession of a controlled substance and possession of drug paraphernalia.

The plea bargain was reached shortly before a hearing was scheduled to begin in Litchfield Superior Court on a defense motion to suppress evidence of the marijuana seized by Torrington police.

Cote agreed to serve the three years of probation and five years of jail time was suspended, according to the plea agreement. Cote also resolved a state drug forfeiture action, by giving up $697 found in the warehouse property and agreeing to pay $9,303 (a total of $10,000) to keep the small warehouse at 16 East Pearl St. The state released Cote’s 2002 Chevy pick-up truck as part of the agreement.

Judge James Ginocchio approved the plea agreement citing Cote’s limited criminal record.

If Cote took the case to trial, he faced a maximum penalty of eight years behind bars on the charges he pleaded to Thursday. Additional charges were dropped as a result of the plea agreement. Cote pleaded guilty according the Alford Doctrine, indicating he did not agree with the state’s evidence but did not want to take a chance at trial that he would receive a higher penalty.

“My client has expressed remorse for his behavior,” attorney Julie Strzemienski said.

In September Torrington police discovered numerous marijuana plants inside the small warehouse at 18 East Pearl St., while investigating a call from a concerned neighbor that suspected the building might have been burglarized.

Police found no evidence of a burglary but did uncover a marijuana growing operation inside the building. Twenty-one small marijuana plants growing in red plastic cups in the basement were seized by police. Fertilizer and gardening apparatus was also found inside the small warehouse.

“Police found a quantity of marijuana weighing about 5.54 pounds, fans, lights, potting soil, fertilizer, drug paraphernalia and $697 in cash,” State’s Attorney David Shepack said.

While police were on the scene an officer spotted Cote driving by the property in a white pick-up truck. He was arrested by police at the post office on East Elm Street. Inside his truck was a box containing several partially burned marijuana cigarettes, rolling papers and marijuana leaves, police said.

The court ordered Cote to undergo substance abuse and treatment, random drug testing, and 25 hours of community service during his three-year probation term.

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