UPDATE: WILLIAMSON COUNTY (KVUE) -- The Williamson County District Attorney's Office has dropped the first-degree felony charge filed against 19-year-old Jacob Lavoro, the Round Rock man who gained national attention for facing a potential life sentence in prison for making and selling pot brownies.
Lavoro was charged with having nearly one and a half pounds of drugs with the intent to sell, a first-degree felony carrying a punishment of 10 years to life in prison.
According to the arrest affidavit, officers weighed the brownies, which contained THC or hash oil. They also confiscated THC in a container, $1,600 and an apparent client list.
Earlier this month, Lavoro's supporters delivered a petition with more than 243,000 signatures to the District Attorney's Office requesting charges be reduced.
GEORGETOWN (KVUE)-- On Wednesday afternoon 19-year-old Jacob Lavoro sits in court, 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 too 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 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.
"They just bowed their way in because they thought because they smelled marijuana in the apartment, they thought they had permission right then based on the law, and they're wrong about that," he explained. Holmes, a former police officer, said that justification would have been enough if Lavoro was in a vehicle, but it's not the case for a residence.
"There are different rules. They smelled, they claimed they smelled, marijuana at the door when it was opened, but that's not enough. You have to have some other extant circumstance such as - somebody running through the apartment, [or someone] trying to get out or the flushing of toilets - or some type of extant circumstance that shows the evidence is about to be destroyed. Otherwise, absent that, you have to get a search warrant," said Holmes.
When KVUE News reported this story in April, Round Rock police say Lavoro's girlfriend, who lived with him, let them into their apartment. Lavoro said that's not true, and he did not consent to a search.
"That's going to be a very important hearing because if the judge rules in our favor, the case is over," said Holmes. He is hoping the hearing will be set for later in September.
Lavoro's next court appearance is Sept. 4 at 1:30 p.m.