Hiep Duc Doan makes his first appearance in Lewis County Superior Court in this 2017 file photo.
The criminal case against three men accused of running a sophisticated marijuana growing operation in a Winlock residence is expected to be dismissed after a judge ruled to suppress any evidence gleaned from associated search warrants in trial.
Nga Dong, 65, and Hai Son Le, 39, both of Fort Lauderdale, Florida, and Chanh Nguyen, 34, of San Jose, California, were charged in December with manufacturing marijuana, possession of marijuana with intent to manufacture or deliver and possession of a controlled substance.
Nguyen’s legal counsel, Wayne Fricke, described in a motion to suppress filed July 3 a domino effect of events that led to his client’s charges, and argued the stimulus that started the events — a search warrant served in Pacific County — didn’t comply with state law. Investigators did not, he said, have enough evidence of criminal activity before requesting power consumption records.
The case brought against Dong, Le and Nguyen by Lewis County authorities stemmed from a warrant issued in November at a Pacific County residence during a string of drug busts across numerous counties neighboring Lewis County. Evidence found during that raid included a Lewis County resident’s driver’s license, leading authorities to an alleged growing operating in Vader, where Hiep Duc Doan, 33, of San Jose, California, was arrested.
Investigators, while executing a search warrant that served as the crux of Doan’s case, found power records for a separate residence on Nelson Road in Winlock, according to a probable cause affidavit.
After noting a large, rapid increase in power consumption at the Winlock house, coupled with visual clues like a ventilation system that investigators called “consistent with the ways marijuana grows are ventilated,” authorities obtained a search warrant. Inside, they reported finding 852 marijuana plants in various stages of growth, and divided into five storage rooms. Dong, Le and Nguyen were allegedly found in a detached building.
Fricke argued that authorities involved in the Pacific County raid — the first domino that led to Lewis County — didn’t have enough evidence to request power records of the suspect’s house. They did not, he said, include necessary information in the request, including the name of the person being investigated. Fricke called this an act of racial bias, saying authorities were targeting residences populated by Chinese Nationals or residents with Asian heritage.
These cases come during a time when Chinese Nationals have been linked to a string of sophisticated growing operations found inside residences in western states.
“They shouldn’t have done that,” Fricke told The Chronicle, referencing the Pacific County warrant. “They didn’t have probable cause for that warrant. That connects them to Lewis County, and so you hit the domino and that just tumbles.”
Lewis County Deputy Prosecutor Joel DeFazio argued in court and in a written rebuttal to Fricke’s defense that the cases in Vader and Winlock had enough evidence on their own that even if the Pacific County warrant was faulty — which he did not concede — the two Lewis County cases would stand on their own.
But Fricke argued that authorities’ evidence at the Winlock house was flimsy, and not enough to justify the warrant that led to Dong, Le and Nguyen’s arrests. Judge James Lawler appeared to agree, saying the law for authorities to request power records is clear and evidence against Dong, Le and Nguyen was thin prior to the search warrant. It was argued in court that the power records and ventilation system alone weren’t enough to provide probable cause.
DeFazio told The Chronicle that the ruling essentially puts an end to the case against the three.
“This suppression motion did suppress the evidence found in the Winlock house. … It’s fairly obvious that we will not be proceeding on these cases now,” he said.
The case came during a trend of authorities busting sophisticated growing operations popping up in western states, with a handful of such busts taking place in Lewis County. Sheriff Rob Snaza listed busts in recent months including the one in Winlock, one in Vader and another just outside Vader.
“Those homes were specifically used for the manufacturing of marijuana for illegal distribution,” he said. “I mean they were using the whole house, the garage … There’s a lot of money spent and a lot of sophistication in these grow operations.”
Most recently, the city of Centralia saw a bust in the 1400 block of Maple Valley Drive. On June 28, authorities raided the house and claimed to find 625 marijuana plants. Charged in that incident were Ling L. Huang, 35, and Jiewei Hu, 36, both of Centralia.
Despite the location of the most recent bust, Centralia Police Chief Carl Nielsen said large-scale marijuana grows don’t appear to be a trend that’s taken root in city limits.
“As far as a story of impact in Centralia proper, no there’s really not anything there. As far as that grow on Maple Valley being connected to the others in-county, I do not have that information. I have not heard that,” he said, adding that the alleged Maple Valley Drive bust appeared to be a standalone operation.
Investigators believe illegally sold marijuana allowed for Huang and Hu to maintain a lifestyle more lavish than their financial means. Investigative reports obtained by The Chronicle note a combined yearly income lower than $40,000 a year. They also note that Ling and Hu are tied to a second residence in Seattle and four vehicles.
Following a tip of suspected drug activity from a source not noted in documents, investigators reported smelling marijuana coming from the house and noted an increase in power consumption.
Hu was the only one home at the time, and he initially allegedly told investigators that the marijuana was for his personal use. He did not admit to selling it, according to reports.
Hu was taken into custody on the spot, and charged with manufacture of marijuana and possession of marijuana with intent to deliver. Huang was handed the same charges, but records indicate she failed to appear for a July 31 preliminary hearing.
