View Full Version : A reasonable sentence for firearms violation?

10-01-2009, 3:29 AM
Seems fair to me.

And they got some of the guns back

And the BATF said they weren't interested!

What do you think?


Plea deal in pot, weapons case

Two men arrested in January after Nevada County sheriff's deputies uncovered a large amount of weapons, as well as marijuana, agreed to forfeit most of the weapons in a plea agreement finalized this month.

Frank Santos, 34, and Hans Kubitschek, a 31-year-old solar company worker, originally were arrested Jan. 14 on charges of cultivating marijuana, possessing an assault weapon and possessing a firearm while committing a felony.

Deputies from the Nevada County Sheriff's Office discovered the haul after receiving a tip given to Child Protective Services by a 10-year-old boy who lived in the home on the 12000 block of Dobbins Drive in Nevada City. They discovered 288 plants, 46 firearms and several assault weapons, as well as three to four pounds of dried and processed marijuana in a shed behind the house. Two medical marijuana recommendations were found in the home.

Investigators from the federal Bureau of Alcohol, Tobacco and Firearms had looked at the case due to the weapons charges, but ultimately did not find the weapons to be of interest, said Nevada County Deputy District Attorney Oliver Pong.

In April, the Nevada County District Attorney's Office charged Kubitschek with cultivating marijuana and possession of assault weapons.

“Several of the assault weapons (found) came under the California assault weapons list and they were locked in a safe owned and controlled by Hans Kubitschek,” Pong said.

Kubitschek pleaded no contest to a misdemeanor on the weapons charge and the drug charge was dropped.

He was sentenced Sept. 3 to three years summary probation, search and seizure terms, nine days of work release and a $545 fine.

Santos was charged with cultivation of marijuana with an enhancement for being armed.

That charge was dropped and a misdemeanor count of maintaining a place for the purpose of unlawfully selling, giving away or using marijuana was added, to which he pleaded no contest. He received the same sentence as Kubitschek.

Pong said both men were offered a plea agreement with reduced charges for several reasons.

“Frank Santos is a retired police officer and they both had valid marijuana recommendations,” he said. “They had under the recommended amount in terms of processed marijuana. They did have approximately 300 young, very immature plants, and that was the basis for a charge of unlawful cultivation of marijuana.”

As far as the weapons charges, Pong noted the firearms in the house ranged from “handguns to shotguns to rifles, from basic handguns to hunting shotguns, competition shotguns, and bolt action hunting rifles. Santos was a dealer who used to own Grass Valley Swap and Loan, so I took that and considered, was there a legitimate or rational reason to have so many guns? Yes, he was a firearms dealer. They had no criminal records, no history of violence or assault that would lead me to believe they would be a threat to society.”

The court ordered the Sheriff's Office to return seized property, which included three bags of marijuana cola, three “turkey” bags of marijuana, and three bags of marijuana cola on the stem.

They also were ordered to release a number of firearms, including a Steyr Puch, a Beretta shotgun, a Ruger revolver, a Benelli shotgun, a Ruger rifle and scope belonging to Kubitschek; and a Browning rifle, a Remington scoped rifle, a Heckler & Koch pheasant shotgun, a Marlin rifle, a Beretta pistol, a Sturm, Ruger rifle, a Sturm, Ruger revolver and a Winchester rifle belonging to Santos.

“I originally wanted them to destroy all the firearms,” Pong said. “They provided us with a wish list and we negotiated. Several of the firearms went back to them and the balance were to be turned over to the Sheriff's Office,” including three assault rifles — an Armalite AR-10, a Bushmaster XM 15 and a Hi Point 995.

“They can crush them or use them for training, whatever they see fit,” Pong said. “Mr. Santos' wish was that they be used, if possible. I give them credit for that — I didn't ask for that. It's probably $30,000 worth of guns.”

To contact Staff Writer Liz Kellar, e-mail lkellar@theunion.com or call 477-4229.


10-01-2009, 3:56 AM
And the BATF said they weren't interested!

Why would they be? They don't care about CA laws.

10-01-2009, 5:25 AM
The ATF doesn't give a crap what you have, as long as you A) legally acquired it and B) have the required paperwork if paperwork is required. I've got machine guns and silencers and pistols and shotguns. Big deal. The ATF is only concerned that the paperwork is correct. They are accountants. If you screw up your paperwork, then they bring in the JBTs. Hell the industry investigators aren't even trained nor authorized to carry/fire a weapon.

10-01-2009, 8:10 AM
Fair? Who was the victim? With no victim there should be no crime, therefor NO punishment. Possession laws are BS.

10-01-2009, 9:13 AM
As far as things usually go in CA, this was very interesting to say the least. I bet most of us could guess the outcome/punishment if this exact same scenario would have played out in a different County?