BAKERSFIELD, CA – A Hemet woman was sentenced to over four years in federal prison this week for her role in an illegal marijuana grow operation within Sequoia National Forest, an operation that left a trail of environmental devastation and exposed wildlife and potentially humans to highly toxic pesticides. Marcelina Botello Charles, 46, received a 50-month sentence on Monday, September 15, 2014, following a guilty plea in May.
The case, investigated by a multi-agency task force including the U.S. Forest Service, DEA, ICE, EPA, and Kern County Sheriff’s Office, revealed a large-scale cultivation site in the Lilly Canyon area of the forest. Authorities discovered nearly 10,000 marijuana plants and evidence of significant damage to the surrounding ecosystem. Investigators found that Botello, along with her co-defendant Julio Cesar Villanueva Cornejo (previously sentenced to six years), transported illegal pesticides to the remote grow site, disregarding the potential harm to the environment and public safety.
The environmental impact was considerable. Native oak trees and other vegetation were felled to create space for the marijuana plants. The soil was heavily disturbed and laced with potent, unregistered pesticides – Ratone: Fosfuro de Zinc and QúFuran – as well as fertilizers and rodenticides. These substances, intended to protect the illicit crop, pose a severe threat to the delicate balance of the forest ecosystem and the health of nearby communities. Ratone contains zinc phosphide, a highly toxic substance that can be fatal to mammals and fish, and can persist in the soil for up to two weeks. QúFuran contains carbofuran, an insecticide so potent that a single grain can kill a bird and a mere quarter teaspoon can be lethal to humans. The EPA cancelled all food tolerances for carbofuran in 2009 due to its toxicity and endocrine-disrupting properties.
Environmental and Legal Ramifications
Federal prosecutors emphasized the severity of the crime, not just for the illegal drug activity, but for the deliberate endangerment of a national treasure. “Illegal marijuana cultivation plagues our pristine national forests,” stated Scott Harris, U.S. Forest Service Special Agent in Charge. “Those involved in this criminal activity place the community and their natural resources in danger.” Jay M. Green, Special Agent-in-Charge of EPA’s criminal enforcement program in California, added that the indiscriminate use of unregistered pesticides represents a “mounting cleanup expense for taxpayers.”
Botello Charles was convicted of conspiring to manufacture, distribute, and possess with intent to distribute marijuana, violating 21 U.S.C. 841(a)(1). She was also found guilty of distributing illegal pesticides in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), specifically 07 U.S.C. 136j(a)(1)(A). In addition to the 50-month prison sentence, Botello Charles will serve a five-year term of supervised release and was ordered to pay $4,294 in restitution to the U.S. Forest Service to cover the cost of remediation efforts at the grow site.
Key Facts
- Defendant: Marcelina Botello Charles
- Crime: Illegal Marijuana Cultivation & Pesticide Distribution
- Location: Sequoia National Forest, California
- Year: 2014
- Illegal Pesticides Used: Ratone (Zinc Phosphide), QúFuran (Carbofuran)
- Plants Seized: 9,746 marijuana plants
- Sentence: 50 months imprisonment, 5 years supervised release, $4,294 restitution
- Co-defendant: Julio Cesar Villanueva Cornejo (sentenced to 6 years)
The case highlights the growing trend of illegal marijuana grows utilizing dangerous, unregistered pesticides on public lands, creating significant environmental hazards and demanding increased enforcement efforts to protect both the ecosystem and public health. The investigation underscores the collaborative nature of combating this type of criminal activity, bringing together federal and local agencies to address both the drug trafficking and the associated environmental crimes.
Source: EPA ECHO Enforcement Case Database
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