01/05/09

A Twin Falls man was sentenced Monday on charges related to raising marijuana at his home.

Last summer on July 2nd, police found a total of 42 marijuana plants at 394 Knottingham Drive in Twin Falls.

28 year old Timothy Robert Higley was charged with manufacturing a controlled substance and possession of a controlled substance, namely, cocaine.

Two months ago Higley pled guilty to the drug manufacturing charge in exchange for having the possession charge dismissed.

Prosecuting Attorney Leah Clark-Thomas told the court, "He grew marijuana for months with his children in the house. He was warned by his ex-wife to stop. He was investigated by police, and only when he was caught did he come to terms with the severity of his actions."

While defense attorney Keith Roark said, "I don't think there's any question, Your Honor, that if Mr. Higley did not have the alcohol and marijuana dependence, none of this would have occurred. He has a stellar work history."

Higley addressed the court and said, "I'm not opposed to any fines. But I do support my family and they will be greatly impacted by my absence if I am incarcerated. I ask the court if they'll take that into consideration."

District Judge Richard Bevan sentenced Higley to five years in prison, three of those fixed, as well as a $1,000 fine and $1,600 in restitution.

Bevan suspended the sentence for three years probation and ordered Higley to serve 30 days in the Twin Falls County Jail, followed by 300 days of house arrest with work and treatment release. Higley will also have to put in 100 hours of community service.