Getting caught growing a few pot plants in Pennsylvania could lead to a criminal charge and a likely sentence of probation, but for a Lehigh Valley man, it was a death sentence. This past Monday, 51-year-old Gregory A. Longenecker was found dead under a bulldozer operated by a state Game Commission worker and carrying a state trooper hunting for two men spotted near a freshly-discovered marijuana grow.
According to the Pennsylvania State Police, the Game Commission bulldozer operator was using the machine to improve access to fields on game lands when he spotted a car well off the road in the brush and called police. Officers from nearby Bernville Borough were first on the scene and quickly found a plot containing 10 growing pot plants.
The cops saw two men emerge from the underbrush and take off running, said Trooper David Boehm, a state police spokesman. "They were back there doing whatever they have to do to their plants," he said. "It was kind of carved out of the underbrush, which I've never seen underbrush that thick ever. It was crazy how thick it was."
The two men were Longenecker and his long-time friend David Brook Light, 54. Light was quickly taken into custody by the Bernville chief of police, but Longenecker eluded immediate capture. The state police arrived on the scene and ordered one of their helicopters to join the search. The chopper pilot spotted Longenecker in the brush but then lost him. Meanwhile, a state trooper and the bulldozer operator were roaring through the brush looking for him.
"An attempt to hail the other male was unsuccessful," Beohm said in a news release. "The helicopter lost sight of the male and was giving directions to the bulldozer of his last location. The Game Commission employee and a Trooper were on the bulldozer driving through the thick underbrush. The bulldozer stopped in the underbrush. The second male was located under the rear of the bulldozer deceased."
That's right: Confronted with a small-scale illicit marijuana grow on public land, the State Police deployed a helicopter and the on-scene bulldozer and managed to kill their target. But that's not how the cops tried to spin it.
First, Trooper Boehm denied that Longenecker died as a result of a police pursuit. "They were just trying to locate this guy with use of a helicopter," he explained.
Then he suggested that Longenecker may have died of natural causes. "The reason it’s unclear if Longenecker was struck and killed by the bulldozer is that Longenecker, because of his age, could have had a heart attack while fleeing through the dense thicket," Boehm said.
But that attempted diversion was foiled on Tuesday when the preliminary autopsy report came out. That report found that Longenecker died of traumatic injuries after being run over by the bulldozer. A final ruling on the cause of death awaits toxicology tests, but it is clear that he died after being run over by the bulldozer.
The case has aroused the ire of the National Organization for the Reform of Marijuana Laws (NORML), which has denounced what it calls the excessive use of force by state law enforcement.
"This awful event could have and should have been prevented," said national NORML executive director Erik Altieri. "This tragedy is a direct result of our nation’s draconic and failed criminalization of marijuana. Not only was the use of resources in this matter excessive and the tactics highly questionable, but more importantly a man lost his life over the act of growing a plant that is now legally regulated in a majority of US states. No matter your opinion on marijuana legalization, the penalty for growing cannabis should never be an extrajudicial death sentence."
"As a former prosecutor and practicing criminal defense attorney, it is inconceivable to me that a man lost his life during an investigation of a very small grow," said Pittsburgh NORML executive director Patrick Nightengale. "Had he been arrested, prosecuted and convicted, Pennsylvania’s sentencing guidelines would have provided for a sentence of probation. The heavy-handed tactics employed cannot be justified by the seizure of ten plants. I do not understand why law enforcement couldn’t simply wait. A vehicle was on scene and another individual was taken into custody. Rip the plants, run the plate and ask the arrestee what his friend’s name is. How difficult is that?"
Medical marijuana is already legal in 31 states, including Pennsylvania, and legal marijuana for adults is already permitted in nine states and Washington, D.C. A bill to legalize marijuana in the state failed to advance this year, even though 59% of state residents support freeing the weed.
"As an activist and cannabis lobbyist in Pennsylvania, I always use decorum and process to my advantage. There would seem to have been a total lack of both by law enforcement this past Monday outside of Bernville. By all accounts the death of an illicit marijuana grower being chased by a state bulldozer, under the direction of Pennsylvania State Troopers, was an unnecessary and reckless use of resources," said Jeff Riedy, executive director of Lehigh Valley NORML. "These horrible events only fuel the need for marijuana reform, including the right for personal use and home cultivation in our state, and across this country. Endless pursuit at all costs, leading to the death of a suspect, over a few marijuana plants is excessive, to say the least."
This article was produced by Drug Reporter, a project of the Independent Media Institute.