GEORGETOWN, Texas -- A 19-year-old Texas man who could face years in prison for making brownies laced with marijuana and hash oil said Wednesday he remains scared despite new evidence that his attorney believes should reduce the charges.
Jacob Lavoro, 19, sat in court Wednesday, anxiously waiting for the judge to call on him.
"Worried, nervous," is how Lavoro describes his mood.
During the pre-trial hearing, Lavoro learned his case will be presented to a grand jury for indictment in two weeks, and the long awaited lab results have come in. The lab results reveal just how much hash oil were in the brownies Lavoro is accused of making with the intent to sell.
"I don't have it yet [lab results]. But he's advised me he's going to get that to me as soon as possible," Lavoro's attorney Jack Holmes said in court.
Back in April, a pregnant neighbor called Round Rock police saying the smell of smoke coming from Lavoro's apartment was making her sick. Officers say Lavoro made pot brownies that contained THC or hash oil. Officers weighed the brownies in their container and charged Lavoro with having nearly one and half pounds of drugs with the intent to sell, a first-degree felony that carries a punishment of 10 years to life in prison.
According to the arrest affidavit, officers also confiscated THC in a container, $1,600 and an apparent client list.
"Mr. McDonald (Williamson County prosecutor Travis McDonald) advised there was a total amount of 2.5 grams of THC found in all of that stuff. I expected a little bit more out of it, but that's what it is. That's about the equivalent to two and a half of those sugar things you find at a restaurant when you sit down," said Holmes.
Holmes now wants the charges reduced to a second-degree felony, based on the actual amount of drugs found. That would reduce the punishment range to two to 20 years or probation.
"Why we're proceeding, you know, with a trial on this is kind of beyond me but Mr. McDonald advised me that he wasn't going to go away with the case," said Holmes. Adding that he doesn't believe this case would even go to court in his home of Bell County. But he's not holding his breath.
"No I don't think they will at all. I think they're so arrogant, and they're used to getting everything they want when they want it, and judging by his attitude... Mr. McDonald's attitude [Wednesday] afternoon, [he would not] shake my hand. So no, he's not going to come off that," said Holmes.
Still, Lavoro's supporters are optimistic. They gathered before the hearing and after it was complete, delivered a petition with more than 243,000 signatures to the District Attorney's Office requesting charges be reduced.
First Assistant DA Mark Brunner spoke with KVUE News over the phone. He said Lavoro is already facing a second-degree felony for drugs found in the apartment, so it is likely his charge could be reduced. But he points out it's not because of public outcry, it's just procedure.
Regardless of the reason, Lavoro said he is hoping for the best.
"I'm 19-years-old, and I still have my whole life ahead of me. Take that into account, and I can do more good than evil," Lavoro said.
Once Lavoro is indicted, his attorney is hoping to have a hearing set on a motion he filed to suppress evidence. Holmes said officers unlawfully entered Lavoro's apartment.
Lavoro's next court appearance is Sept. 4 at 1:30 p.m.