Wednesday, May 18, 2011

Medical Marijuana Grower gets 28 Years for Protecting his Crop

When this case first hit the news we discussed it. My first impression was that the shooter was not so much a medical marijuana patient as a pot dealer prepared to protect his product. That may or may not be the case, but apparently the jury didn't like his deadly response to the thieves.

The Sacramento Bee reports

A 41-year-old Fresno man has been sentenced to 28 years to life in prison for fatally shooting a man who tried to steal from his backyard medical-marijuana garden.

Fresno County Superior Court Judge Arlan Harrell said Monday that Phayvanh Dydouangphan apparently valued his pot more than human life, the Fresno Bee reports.

Dydouangphan, who is authorized to grow marijuana under California's medical marijuana law, admitted firing a shotgun at a group of people he caught breaking into his backyard on Sept. 8. He said he acted in self-defense because one of them pointed a gun at him.

The shotgun blast killed 40-year-old Stanley Wallace of Caruthers, who was sitting in the passenger seat of a pickup.

Dydouangphan was convicted in January of voluntary manslaughter.

The incident prompted Fresno County lawmakers to ban outdoor medical marijuana growing.
What's your opinion? Is that sentence a bit severe? Or is that what we should do with people who insist on shooting first and asking questions later?

Is it because this took place in California that it turned out like this?  In those states where the "castle doctrine" is more appreciated would it have been different?

What's your opinion?  Please leave a comment.


  1. In most states, even those with castle doctrine, it is not justifiable to use deadly force to protect property.

  2. I'm not sure about the deadly force but I'm all for legalizing, taxing and regulating marijuana. It's been a stupid war on marijuana from the beginning. It's less harmful to people and society than alcohol and could really boost our sagging economy and farm industry.