BURLINGTON — The owner of Burlington’s now closed Good Times Gallery was sentenced to 29 months in federal prison Monday, stemming from a January drug bust in which he was accused of selling marijuana out of the shop.
Derek Spilman, now 45, was arrested in January after federal, state and local law enforcement executed a search warrant at his Church Street store where they found five ounces of marijuana, over $10,000 in cash and a loaded Ruger 9mm handgun.
The bust came shortly after Seven Days published an article in which the reporter witnessed Spilman selling marijuana. The article added that authorities had known for months that Spilman was dealing drugs out of the store.
Spilman was released on conditions following his January arrest. The case then took a turn U.S. District Judge Christina Reiss said she had not seen before in her 15 years on the bench.
In March, Spilman, his mother Donna Mahar and nephew Derek Aviles were all arrested and accused of witness tampering. The owner of Full Tank, another Burlington smoke shop located next door to Good Times, reported someone had spread dog feces on his door. Aviles had originally taken the fall for Spilman in an effort to keep him out of jail.
Federal investigators determined Mahar had convinced Aviles to lie, and a security camera image from Red Square appears to show Spilman spreading the feces, prosecutors said. An indictment was returned in March charging Spilman, Mahar and Aviles with conspiring to interfere with a federal investigation.
In August, Spilman pleaded guilty to federal charges of selling marijuana, possessing a firearm while using a controlled substance and conspiring to obstruct justice as part of plea deal with a maximum sentence of three years in prison and forfeiture of $50,000.
Spilman was being held at the Northwest Regional Correctional Facility until his sentencing in Burlington on Monday.
Burlington attorney Lisa Shelkrot, who was representing Spilman, argued he had been operating a legitimate business for well over a decade before he was accused of dealing drugs — and noted that marijuana sales were only a fraction of his business’ income.
But Reiss was quick to interject, saying Spilman knew what he was doing was illegal and he could have waited until Vermont created a taxed and regulated adult-use marijuana market.
Shelkrot went on to argue that the controlled sales to an undercover police officer were for very small amounts. Court documents say a purchase made on Jan. 29 weighed 3.6 grams.
Reiss asked about the money Spilman had on him at the time of his arrest, over $10,000 in cash, saying that money couldn’t have come just from the T-shirts, pipes and other smoking supplies for sale at his store.
“That’s not T-shirt money, correct?” Reiss asked Shelkrot.
“Well a lot of that is, your honor,” Shelkrot responded. “Mr. Spilman wasn’t selling kilos of marijuana, he wasn’t selling pounds of marijuana, he wasn’t even selling ounces, he was selling grams of marijuana.”
Shelkrot also argued that Spilman purchased the firearm seized to “protect his legal business,” something she said shop owners do all the time, but recognized the presence of those firearms takes on a different meaning when drugs are on the property.
Spilman told the judge that he grew up without a father and has made decisions in his past he regrets. He said he self medicates with marijuana for severe back pain. He also apologized to the court, his family and the Burlington community, saying his time spent incarcerated has led to overwhelming feelings of remorse. Lastly, he said he has and will continue to support the Humane Society and house dogs in need of a home.
Reiss asked Spilman about his thought process behind involving his family in the conspiracy to obstruct justice. Spilman said it was his “fear of jail” that caused him to find alternate ways to get out of his charges.
Representing the government was Assistant U.S. Attorney Jonathan Ophardt, who argued Spilman continued to violate his conditions after his January arrest by using and possessing marijuana. At the time of the January raid, Ophardt added, Spilman had shut down the legitimate part of his business solely to sell marijuana.
After hearing arguments, Reiss handed down her decision, sentencing Spilman to 29 months in prison followed by three years of probation with numerous conditions. Reiss also said Spilman must pay the remainder of the $50,000 agreed to in the plea. He has already paid $25,000.
As Reiss read the sentence, Spilman, dressed in a green jumpsuit, looked over his left shoulder at his family and solemnly nodded to them.
Shelkrot asked the court to house Spilman at the Federal Medical Center in Devens, Massachusetts. Spilman was born in Massachusetts, and asked to be housed in Devens so he could be close to his family.
Read the story on VTDigger here: Good Times Gallery owner sentenced to 29 months for marijuana dealing.