Unfair Park from p6 before the cops raided the place again on Aug. 25. The warrant was issued the same morning by the same judge who issued the first one. It specifically called for the arrest of Rob- inson. “On or about the 25th day of August the suspect Hunter Robinson and persons unknown to the affiant did then and there knowingly and intentionally possess a us- able quantity of marijuana against the peace and dignity of the state,” the warrant read. Even though Robinson and Purcell said the police took three samples to test during the first raid, the second arrest warrant only mentions two test results. It says the two came back over the legal limit. One had 0.378% delta-9 THC and the other had 0.468%, according to the sheriff’s office. “Both above named exhibits are above the .3% concentration and will be Marijuana,” the warrant says. This is what sparked the second raid. Robinson and Purcell weren’t there at the time. Robinson found out about the raid and showed up the next day. That’s when he saw a second search, seizure and arrest warrant posted on their door. He also noticed the cops had taken the product that was left in the building. They’re not sure what was taken during which raid, but an inventory list left by the officers in August said they’d seized 11 black and yellow tote bags and two black drums containing “marijuana.” It also says they seized “records and paperwork.” The building still had plenty of equip- ment inside, and they still weren’t allowed to enter. Their landlord was told by Farmer that he was free to go inside and get rid of whatever was left. (Emails confirm this.) Meanwhile, Purcell and Robinson were still being told they couldn’t enter the building. The second warrant didn’t have the affida- vit attached. When Robinson tracked it down, it clearly ordered his arrest and referred to all of their hemp as “marijuana.” Even though it ordered his arrest, weeks went by when noth- ing happened, and the sheriff’s office wasn’t responding to their attorney. They told their landlord to go ahead and file for an eviction. At the same time, they’d file a complaint, hoping they could reach an agreement in court and a judge could give them permission to get their possessions out of the building. When a constable stopped by to give them their eviction notice and they explained their situation, however, he told them he couldn’t go through with the eviction if the property was under investiga- tion. The constable said he would give the district attorney overseeing the case a call. He was told the DA didn’t have any knowl- edge of seized property from their business. The constable was told to give the sheriff’s office a call. When he did, they said the in- vestigation was done and that the eviction could proceed. Robinson called the sheriff’s office to see 8 8 what was going on and make sure the inves- tigation was closed. They said it was com- plete and that they wanted to talk to him in person. “I called Sky and I said ‘Sky, I’m go- ing to jail tomorrow. I just want you to be there.’ I knew what they were doing,” Rob- inson said. courtesy Sky & Hobbs Organics When he showed up the next day, they took him into a room, said his product tested over the limit and that he was under arrest for felony possession of between 4 ounces and 5 pounds of marijuana. Robinson was surprised by the charge, but mostly because he and Purcell claim the cops took much more than 5 pounds. They said more than 24 pounds of hemp was taken from their busi- ness between the two raids. While the county claims samples tested above the 0.3% threshold, the law includes a “safe harbor” provision to allow for natu- ral variations in THC levels. If a grower uses “reasonable production practices” and the product contains less than 1% THC, it can’t be harvested and must be thrown away. If the product is properly grown and comes in at more than 1%, the TDA can cite a grower for negligence. A grower who pro- duces a crop with 1% THC or greater can face criminal penalties if the state can prove the grower did it deliberately with a “culpable mental state greater than negli- gence.” A judge set Robinson’s bond at $2,500, an amount so low Robinson’s bondsman had to verify the amount because they didn’t be- lieve it would be so low for such a charge. “She said that it seems like someone’s on my side,” Robinson recalled. “I said ‘Well, I’m grateful for a low bond amount, but it doesn’t seem like anyone’s on my side.’” He was arraigned. After communicating with the prosecuting attorney, things seemed promising for Robinson, but there’s been a Navarro county police raided Sky & Hobbs Organics and seized inventory. communication breakdown since then. “They’re just playing this game,” Robin- son said. “Every piece of documentation that was supposed to protect us, they ignored.” It’s not the first time something like this has happened, but it doesn’t always end with people having to shutter their busi- nesses. In February 2020, Richardson police took all the product inside a retail hemp business called The Farm Hause. Kirk Ed- mondson, owner of the shop at the time, said all his product was third-party tested and had lab reports to prove it was all under the legal THC limit. That didn’t deter the police. “When the cops came, they ended up seizing all my product,” Edmondson told the Observer last May. “I got it back the same day after showing all my [test results], but it was frustrating. They were uneducated. They thought we were selling weed.” Sky & Hobbs Organics wasn’t so lucky. Farmer and Andrews have been conduct- ing drug busts in Navarro County for some time now. In 2006, they tagged along with Sheriff Elmer Tanner, a captain with the de- partment at the time, to execute a search and arrest warrant tied to a narcotics inves- tigation. Farmer received a tip that two peo- ple had a “quantity of illegal drugs” at a house on Cherry Street in Corsicana, ac- cording to court documents. He enlisted the help of Tanner, who conducted surveillance on the house and handpicked seven other officers to help execute the warrant. One of them was Andrews. They raided the wrong house, and the homeowners sued Tanner and the county. One of the homeowners, Randy Whitener, claimed Andrews injured Whitener’s back during the raid. Whitener also claimed An- drews placed a gun to his temple. Whiten- er’s wife, Mary, claimed Tanner pointed his gun directly at her. He denied that in court. After realizing their mistake, officers re- leased the Whiteners. For good measure, Farmer asked if Randy had any marijuana in the house. He said he did, so Farmer seized it. The Whiteners sued Tanner for exces- sive force and illegal search and seizure. They also sued the county, claiming it didn’t properly train its officers. A judge denied the claims against the county and the claims of excessive force against Tanner. But, a judge sided with the Whiteners in their claims of illegal search and seizure against Tanner. Robinson said they’ve spoken to the TDA about their case, but the agency didn’t have much advice. “Basically what they tell me is when you’re in a situation like this, the only way you can ensure the right thing gets done is if you create attention,” Robinson said, “which has been the thing I feared the most because of my career.” Robinson is a mechanical engineer and didn’t want to get judged at work for being in the hemp industry and in trouble with the law. But, he said, if he gets a felony offense on his record, that may be the end of his career anyway. That’s why he’s trying to call atten- tion to his case now. “I did nothing wrong,” he said. “That’s just not fair. It’s not fair for my kids. It’s not fair for my family.” The investigation was closed after Robin- son was arrested. When he went inside the building after his release, Robinson said the place was in disarray. It looked like the sec- ond raid was quick, as remnants of the seized “marijuana” was scattered all over the floor. Robinson said what they left be- hind was enough to fill two trash bags. The TDA apparently never received no- tice from Navarro County so the agency said it wouldn’t get involved. “It’s no different than George Floyd,” Robinson said. “It’s no different than any of these cases where police injustice is taking place. They don’t do what’s right whenever they’ve done what’s wrong, unless they’re forced to.” The situation has flipped his world up- side down, Robinson said. “Their war on drugs with marijuana is putting my entire life and everything I’ve ever worked for in complete jeopardy, and it’s a shame,” Robinson said. “I have lost all faith in this country. This entire event has changed who I am. It’s changed my outlook on everything. It’s changed my personality. It’s changed everything about me. I’m a dif- ferent person because of it, and I’m not too happy about it.” For the foreseeable future, Sky and Hobbs are out of the hemp business. “I don’t think I’ll ever participate in any- thing like this again,” Robinson said. “Unless the state of Texas comes out and fixes the problems they have >> p10 MONTH XX–MONTH XX, 2014 APRIL 14–20, 2022 DALLAS OBSERVER DALLAS OBSERVER | CLASSIFIED | MUSIC | DISH | MOVIES | CULTURE | NIGHT+DAY | FEATURE | SCHUTZE | UNFAIR PARK | CONTENTS | CLASSIFIED | MUSIC | DISH | CULTURE | UNFAIR PARK | CONTENTS dallasobserver.comdallasobserver.com
