Montgomery Township pot grower says sentence ‘harsh and excessive’

NORRISTOWN » A Montgomery Township man sent to prison for having a marijuana growing operation at his brother’s Springfield Township home calls his sentence “harsh and excessive” and wants a judge to reduce it.

Tyree Lamar Bigelow, 31, of the 100 block of Hanover Street, asked Montgomery County Judge Thomas C. Branca to reconsider the 4-to-8-year prison term he imposed against Bigelow earlier this week.

“Defendant avers that sentence is unreasonably harsh and excessive in that the court did not fully consider the personal characteristics of the defendant as well as not considering the defendant’s prior history of non-violent behavior,” defense lawyer Erin C. LentzMcMahon wrote in court papers filed on behalf of Bigelow.

Lentz-McMahon replaces defense lawyer A. Charles Peruto, who represented Bigelow during his trial and sentencing hearing.

Bigelow wants Branca to vacate the sentence and hold a new sentencing hearing.

It’s unclear if Branca will grant the request for a new hearing.

The judge previously said a lesser sentence would depreciate the seriousness of the crime.

Branca also ordered Bigelow to complete two years’ probation following parole, meaning Bigelow will be under court supervision for 10 years.

The judge previously convicted Bigelow during a nonjury trial of charges of possession with intent to deliver marijuana, persons not to possess firearms, criminal use of a communication facility and possession of drug paraphernalia in connection with the January 2017 incident.

Essentially, Branca determined Bigelow possessed 13 potted marijuana plants, heat lamps and a filtration system in a separately secured area, enclosed by drywall, which he set up in his brother’s basement. The judge also found that Bigelow illegally possessed a 9mm semiautomatic handgun while carrying out his drug activities.

County Assistant District Attorney Laura Bradbury sought state prison time against Bigelow, arguing the combination of guns and drugs was dangerous and that Bigelow was the mastermind behind the grow operation.

Bigelow’s brother, Anwar C. Bigelow, 39, formerly of the 900 block of Mermaid Lane in the Wyndmoor section of Springfield Township, previously pleaded guilty to a charge of receipt in commerce and under a plea agreement was sentenced to one year of probation in connection with the incident.

Prosecutors alleged Anwar Bigelow was aware his brother had the grow operation in the basement.

Detectives alleged they found the handgun in the basement in the area set aside for the marijuana growing operation. Prosecutors alleged Tyree Bigelow had a prior drug conviction that prohibited him from possessing a firearm.

The investigation began about 11:15 a.m. Jan. 10, 2017, when Springfield Township police officers received a tip that Tyree Bigelow was growing marijuana in the Mermaid Lane residence. Police encountered Tyree inside the home coming out of the basement.

“Officers smelled a strong odor of unburnt marijuana in the basement and went further into the basement to find a marijuana grow operation,” Springfield Detective Stephen Craig wrote in the arrest affidavit.

Detectives found two large self-contained tents, one containing 13 potted marijuana plants, along with heat lamps, a filtration system and large power supplies connected to a timer, according to the criminal complaint. Authorities also found clear bags containing marijuana packaged for sale as well as packaging materials and digital scales, court documents indicate.

The estimated weight of the packaged marijuana found in the basement was 12 ounces, detectives alleged.

In the criminal complaint, detectives alleged the investigation determined that Anwar was receiving money each month to allow Tyree to utilize the basement.

“He gave Tyree permission to build a wall and to establish an electrical hookup that would circumvent the meter and allow the grow operation to go unnoticed by a rise in utility bills,” Craig alleged.

Detectives claimed they found a text message exchange between the brothers during which Anwar warned Tyree that a utility worker might have to go into the basement.

“They discussed the grow operation in those texts. This showed that Anwar had knowledge of what his basement was being used for and was given money by Tyree Bigelow each month,” Craig alleged.