BURLINGTON — A man accused of selling marijuana under the table at his Church Street business across from City Hall has accepted a plea deal.
Court documents show that Derek Spilman, who owned Good Times Gallery, pleaded guilty to federal charges of selling marijuana, possessing a firearm while using a controlled substance and conspiring to obstruct justice. Under the agreement, Spilman will be sentenced to no more than three years in jail and will pay the government $50,000.
Spilman, 44, was arrested shortly after Seven Days published a story that Spilman had been selling marijuana at Good Times Gallery for months. A Seven Days reporter had witnessed Spilman selling marijuana.
Spilman was facing up to five years in prison for the marijuana charge, up to 10 years in prison on the firearms charge, and up to 20 years in prison for obstructing justice.
Spilman sold marijuana at the Good Times Gallery to undercover Burlington police officers on Jan 29, 2019, according to an affidavit in the case.
An undercover officer purchased bags “containing a green leafy plant material that emitted a strong odor of fresh marijuana,” the affidavit states. The suspected marijuana tested positive for THC and weighed 3.6 grams.
Burlington police had received “numerous” complaints about marijuana being sold at the business before Spilman’s arrest, the affidavit stated. Spilman also had a Ruger 9 mm pistol in the business, which he said he was using to protect himself against a neighbor who had previously attacked him.
The obstruction of justice charge stemmed from Spilman’s efforts to intimidate a witness in the case, according to court documents. After his initial arrest in January, Spilman was released on conditions, including having no contact with the government’s witnesses.
Spilman was charged with smearing dog feces on the door of a nearby business, the owner of which was a witness in the case. His nephew Derek Aviles and mother Donna Mahar are also facing charges after Aviles falsely confessed to the crime and Mahar convinced Aviles to falsely confess.
Spilman will continue to be detained pending sentencing, and a sentencing hearing is set for Dec. 16.
Spilman is not the only Burlington business owner who has faced federal charges for selling marijuana this year. John Van Hazinga and Samantha Steady, the owners of Ridin’ High skate shop, pleaded not guilty last week to counts of marijuana distribution, manufacturing and possession with intent to distribute.
