Butterfield Road Pair Sentenced

In Marijuana Cultivation Case

By Andrew Gorosko

Two residents of a Butterfield Road home, whom state police arrested last July on multiple felony drug charges in connection with the alleged cultivation of marijuana in a sophisticated year-round growing operation in the house’s basement, have been sentenced in Danbury Superior Court after pleading guilty to various criminal charges.

According to court documents, Michael Hearl, 39, of 26 Butterfield Road, on April 15 received an effective two-year prison sentence after he pleaded guilty to charges of operation of a drug factory, possession of marijuana with intent to sell or dispense, and possession of a firearms silencer. Hearl also received an effective ten years of probation which would follow his prison sentence.

Initially, state police had arrested Hearl on eight charges, seven of which are felonies. Those charges were: possession of more than one kilogram of marijuana, possession of marijuana with intent to sell, cultivation of marijuana, operating a drug factory, conspiracy to cultivate marijuana, possession of marijuana, possession of a silencer for firearms, and risk of injury to a child.

In the court paperwork, Hearl states his occupation as a self-employed farmer.

On April 28, the state Department of Correction listed Hearl as being incarcerated at the Bridgeport Correctional Center.

In a companion case, Tara Ann Bryson, 36, of the same address, was sentenced after she pleaded guilty to substitute charges of possession of less than four ounces of marijuana and possession of drug paraphernalia. Bryson is believed to be the “girlfriend” of Hearl, according to state police.

Bryson received a $15 fine, a suspended one-year jail sentence, plus one year of probation on the marijuana possession charge. The terms of her probation include that she not possess any drugs, any illegal substances, or weapons. Also, if deemed necessary by the Office of Adult Probation, she would receive substance abuse evaluation, testing, and treatment, according to the court documents.

The court issued Bryson an unconditional discharge on the drug paraphernalia charge.

Initially, state police arrested Bryson on charges of possession of marijuana, cultivation of marijuana, and conspiracy to cultivate marijuana. All three charges are felonies.

In the court documents, Bryson lists her employer as New Stream Capital, a Ridgefield financial services firm.

Initially, each defendant had pleaded not guilty to all charges pending against them. Each person was free on $25,000 bail during their cases’ adjudication.

Attorney Jeffrey Chartier of Bronx, N.Y., who represents both Hearl and Bryson, said April 28, “These are good people who got caught up in a situation that was not what it was portrayed to be.” The couple is engaged to be married, Mr Chartier said.

“Michael (Hearl) has accepted the responsibility for his actions,” the lawyer said.

“The (prison) sentence was unnecessary and excessive,” in view of a move in the Connecticut state legislature to decriminalize marijuana possession, Mr Chartier said.

State legislators are considering a bill which would convert the possession of a small amount of marijuana from a misdemeanor summons, which requires a court appearance, to an infraction, which carries a fine that is payable by mail.

“I’m sure Michael will have a positive future,” the lawyer added.

 Last summer, state police spokesman Lieutenant J. Paul Vance said that the northwestern unit of state police’s Statewide Narcotics Task Force had executed a search-and-seizure warrant at 26 Butterfield Road.

State police seized more than 200 marijuana plants, plus numerous items used in the cultivation of marijuana, according to court documents.

The search-and-seizure warrant stemmed from an investigation into information that indicated that the house was being used for marijuana cultivation, Lt Vance said.

Police investigators discovered a complex marijuana cultivation operation inside the building that would provide a marijuana crop year-round, according to the lieutenant.

The Colonial-style house has 5,810 square feet of living area. It was built in 2006. It sits on a five-acre lot. Bryson is listed as the property’s owner. The house is appraised at $1.14 million. The building is located at the end of a long driveway which has a gate at the street.

State police arrested the pair at their Butterfield Road home last July 9, according to court documents.

State police list a lengthy number of items that they seized from the property as part of their investigation into the marijuana growing operation.

They include, in no particular order, eight firearms which include five handguns, two rifles, and a shotgun; a large amount of ammunition; a Connecticut pistol permit in Hearl’s name; $1,000 in cash; various apparatus used for growing marijuana; dried marijuana; 203 marijuana plants at various stages of maturity; marijuana seeds; various chemicals; hydroponic growing devices; various electric lamps; a motorized track lighting system; portable air conditioners; an air filtration system; a carbon dioxide generator; a blower; financial records; thermometers; timers; a personal computer; and a growing ledger, among many other items.

According to court documents, the marijuana growing operation apparently had at least several dozen plants growing at any given time.

The state police investigation uncovered that 26 Butterfield Road was consuming more than four times as much electricity as comparable houses in the area, providing evidence of the heavy electricity usage that is required to grow marijuana indoors, according to court documents.

Police said that while attempting surveillance of the Butterfield Road property during their investigation, they encountered some electronic counter-surveillance equipment there which then caused them to modify their surveillance activity.

Newtown police assisted state police with the investigation.