HILO — An elderly Kau man was sentenced Wednesday to 30 days in jail for growing marijuana.

Under terms of a plea agreement, Hilo Circuit Judge Greg Nakamura also sentenced Leovegildo Mercado, 81, of Pahala, to 60 days home electronic monitoring and five years probation.
Mercado pleaded no contest June 5 to second-degree commercial promotion of marijuana. Prosecutors reduced a first-degree commercial promotion charge, and dropped two other commercial promotion charges, one count of promoting a detrimental drug and six firearms offenses in exchange for Mercado's plea.
Mercado was arrested Sept. 11 after police searched his Pakalana Street home. A search warrant was issued following aerial surveillance of the area. Officers found 506 marijuana plants, 4.9 pounds of dried marijuana, two rifles, a handgun and ammunition.
Deputy Prosecutor Jefferson Malate argued for the jail term.
"The significant amount of marijuana found indicates that the defendant was engaged not only in the use, but in the distribution of it," Malate said. "He has injected marijuana into the community."
Mercado's attorney, Deputy Public Defender Michael Ebesugawa, argued that that Mercado "indicated he was using marijuana for medicinal purposes." He said that the lack of packaging materials found in Mercado's home, such as zipper-lock plastic bags and vacuum sealers, is evidence that Mercado was not selling the drug.
In asking for probation without jail time, or that any jail term be suspended or stayed, Ebesugawa noted Mercado's age and limited criminal record. He said that Mercado forfeited bail on a cruelty to animals charge in 1959, was convicted of cruelty to animals in 1975, and was allowed a deferred plea acceptance on a marijuana charge in 1982, which means it is not a part of his permanent criminal record.
"Mr. Mercado is a valued member of the community," Ebesugawa said. "He is not someone you would consider a danger to the community, but is a constant in the Pahala community."
Police also seized almost $44,000 in cash for forfeiture in Mercado's residence. Ebesugawa said he has advised Mercado not to talk about it, since he is contesting the state's effort to confiscate the money. He said that the money, plus a scale found in Mercado's home, were there because Mercado was selling homemade smoked meat and Portuguese sausage.
Mercado, who was born in the Philippines, appeared in court with Ilocano interpreter Antonia Lambayan, and requested a hearing-impaired headset.
"If possible, I would like no jail," he told the judge. "I will follow the rules. I will obey the law. This will never happen again."
When Ebesugawa told Mercado that he had received a 30-day jail sentence, Mercado dropped his headset on the defense table and his knees visibly buckled.
Mercado, who was described by Ebesugawa as a "lifelong pig hunter," won't be allowed to own, possess or use firearms or ammunition, a standard condition of probation.
Nakamura allowed Mercado to remain free until Monday morning, so he can make arrangements for care of his animals.
After sentencing, Mercado laughed and bantered with family members and Lambayan outside the courtroom.
"Only 30 days," he said, flashing a grin.