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GetSmart About Drugs - A DEA Resource for Parents

News Release
April 21, 2006
Contact: Casey McEnry
Number: 415-436-7994

7 Arrested and Thousands of Marijuana Plants Seized in East Bay Area

APR 21 -- (BERKELEY, CA) – The Drug Enforcement Administration (“DEA”) Oakland Resident Office and the Berkeley Police Department announced today the arrest of seven individuals on federal charges for cultivation of marijuana. As a result of the investigation law enforcement located and dismantled four sophisticated indoor marijuana grows, seized over 5,800 marijuana plants, approximately 117 pounds of processed marijuana, 12 guns, including one assault rifle, and approximately $220,000 U.S. Currency.

Berkeley Police Department initiated this marijuana investigation in November 2005 and identified several individuals and locations associated with the organization. On March 15, 2006, the Berkeley Police Department served several search warrants in the East Bay Area, including locations in Berkeley, Oakland, Castro Valley and Brentwood.

The Berkeley Police Department subsequently contacted the DEA Oakland Resident Office for assistance in the investigation. Law enforcement conducted additional searches the following week at locations in Oakland and Antioch. Officers served state authorized search warrants at the following locations:

The following individuals have been charged for the listed violations:

21 U.S.C. Section 841(a)(1) – Cultivation of Marijuana:

  • Jonathan J. FORD, 31, of Oakland – 4 Counts
  • Derek R. O’DAY, 34, of Castro Valley – 1 Count
  • Brian O’LEARY, 30, of Brentwood – 1 Count
  • Scott G. BURGHARDT, 31, of Brentwood – 1 Count
  • Rory A. MACDOUGALL, 23, of San Leandro – 1 Count
  • Andrew J. BRAINERD, 31, of Oakland – 1 Count
  • Todd G. TISUE, 34, of Oakland – 1 Count and
  • Jeffrey FORD, 34, of Oakland - 1 Count

Each count of cultivation of marijuana carries a minimum penalty of 5 years in prison.

21 U.S.C. Section 846 – Conspiracy:

  • Jonathan FORD – 3 Counts
  • Derek R. O’DAY – 1 Count
  • Brian O’LEARY – 1 Count
  • Scott G. BURGHARDT – 1 Count
  • Andrew James BRAINERD – 1 Count
  • Todd TISUE – 1 Count
  • Rory A. MACDOUGALL – 1 Count and
  • Jeffrey FORD – 1 Count

Each count of conspiracy carries a minimum penalty of 5 years in prison.

21 U.S.C. Section 856(a)(1) - Maintaining a Premises for the Manufacturing of Marijuana:

  • Todd TISUE – 1 Count
  • Scott Gregory BURGHARDT – 1 Count

Each count of maintaining a premises for the manufacturing of marijuana carries a maximum penalty of 20 years in prison. On April 20, 2006, Jonathan FORD, Derek O’DAY, Brian O’LEARY, Scott BURGHARDT, Andrew BRAINERD, Rory MACDOUGALL and Jeffrey FORD had their initial appearance in Federal Court in Oakland, CA. Todd TISUE is scheduled to turn himself in to authorities tomorrow. This case was initiated by the Berkeley Police Department and conducted with the assistance of the DEA Oakland Resident Office.

This case is being prosecuted by the United States Attorney’s Office in the Northern District of California. The charges are only allegations and the defendants are presumed innocent unless proven guilty beyond a reasonable doubt.


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