MIAMI — After a day and a half in federal court, convicted pot grower Kobie O. Gary will have to wait another week to learn his fate after the lead DEA agent in the case fainted Thursday on the witness stand, prompting the judge to clear the packed courtroom.
U.S. District Judge K. Michael Moore rescheduled Gary’s sentencing for April 16.
The abrupt cancellation came just before 2 p.m., as DEA Special Agent Darren Singleton, who’d been under intense questioning by Miami attorney Jeffrey Weiner, was about to reply when his head fell forward, hitting the stand in front of him.
Court officials scrambled to his aid.
After more than 50 friends and family gathered in support of Gary filed out of court, paramedics arrived to treat Singleton, but Singleton refused medical attention and arranged to go to a nearby hospital on his own.
Outside court while waiting for a ride, Singleton said he felt “back to normal.”
Gary, 30, the son of famed Stuart attorney Willie Gary who was in court Thursday, could receive between five and 40 years behind bars after pleading guilty in January to conspiracy to manufacture and distribute more than 100 marijuana plants.
Gary’s Stuart lawyer, Richard Kibbey, said the defense team felt “heartsick” Singleton might have suffered an injury during the medical episode.
“We hope a speedy recovery,” Kibbey said later.
Authorities accused Gary and co-defendants Stephen Shepherd, 33, of Hobe Sound, Scott Gibson, of Stuart, and David Grant, 26, of Jensen Beach, of operating a marijuana grow house in a Hobe Sound home that netted 237 pot plants seized Oct. 27, when Gary was arrested.
All four have pleaded guilty to the same offense.
For most of the morning, Scott Gibson, who was brought into court in waist chains and leg irons, testified about how the group set up the grow house, which was initially established at a rental home Gary’s parents owned in Port St. Lucie, but was moved to a Palm City trailer, then later to Hobe Sound.
Gary’s lawyers for months have pointed to Gibson as the group’s ringleader, not their client, as his co-defendants have told authorities.
The issue of leadership could impact Gary’s ultimate punishment, because his legal team is arguing he qualifies for a “safety valve exception,” which allows for a shorter prison term than five years, provided it’s proven Gary wasn’t a ringleader or used guns in the offenses.
Gibson testified Thursday that he had the pot-growing know-how, but Gary was the one calling the shots.
“Why’d Kobie Gary do this?” Assistant U.S. Attorney Carmen Lineberger asked Gibson.
“To make money and to have (marijuana) to smoke,” he said.
“Were you in it to make money?” she continued.
“No,” he replied. “I did it to have it to smoke.”
Gary’s attorneys then confronted Gibson with transcripts of recorded phone calls from the St. Lucie County jail to his wife placed after his November arrest.
During some calls played for the court, he speculated about how his cooperation might benefit his own case.
“I’m going to take the stand against Kobie,” he said during one call.
“What?” the other caller replied.
“I’m going to get on the stand against Kobie,” Gibson repeated. “They’re going to cut my time.”
“How much?” Gibson is asked.
“I don’t know. I don’t care,” he said. “He was going to do it to me, you know what I mean?”
Although Thursday, Gibson insisted federal authorities never promised him anything in exchange for his testimony, and he only said what he did to his wife to comfort her.
“This is me calming my wife down,” he testified.
After a lunch break, Weiner was grilling Singleton about those phone calls and inconsistent statements Gibson appeared to make, compared to what he’d told authorities in two prior statements detailing his involvement.
Moments before Singleton fainted, Weiner had been accusing Gibson of lying to authorities, and had suggested Singleton knew Gibson was lying on Thursday.
As he left court with his extended family, Willie Gary expressed concern for the agent.
“I just hope he’s okay,” he said.
