A man jurors acquitted of multiple marijuana felonies has sued the Larimer County Sheriff’s Office after his 42 plants were destroyed, according to a lawsuit recently filed in 8th Judicial District Court.
The man is expected to get $210,000.00 back for the illegal destruction of his property.
Kaleb Young, 34, had been growing the plants in a Wellington home in compliance with Colorado’s medical marijuana laws and during a warrant search in September 2010 had shown deputies paperwork authorizing him to do so, according to the lawsuit.
Young was arrested, and his plants, raw marijuana and equipment were among items taken during the search. An investigation, including surveillance, had been under way for five months after deputies followed up on a tip, according to filings in the criminal court case.
The case went to trial, and Young was acquitted of all charges in November 2011.
State officials are supposed to preserve the evidence collected so that it can be returned in the event of an acquittal, but, in Young’s case, they cut down and destroyed the plants. After months of attempting to enforce the law that dictates the plants must be returned, Young is now suing the Sheriff’s office to be compensated for his destroyed property.