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Plea hearing scheduled in psilocybin mushroom case

A plea hearing has been scheduled in Wayne County Common Pleas Court for a Wooster businessman charged with growing and selling hallucinogenic mushrooms.

Bert D. Underwood, 58, 692 Greenwood Boulevard, is scheduled for a change of plea hearing Sept. 22 before Common Pleas Court Judge Corey Spitler. The hearing comes after a plea offer was made by Assistant Prosecuting Attorney John Williams Sept. 7, Prosecuting Attorney Dan Lutz said.

Lutz declined to comment on the particulars of the plea offer.

The charges against Underwood stem from a six-month Medway Drug Enforcement Agency investigation. The charges allege Underwood grew and sold psilocybin mushrooms from March 31 through June 6 of this year. He allegedly sold mushrooms out of his Cleveland Road, Wooster, business, Bert’s Jewelry.

Underwood is charged with five counts of trafficking in drugs and three counts of illegal manufacture or illegal cultivation of drugs. The charges combined carry a total of 49 years in prison.

Five codefendants were also charged in a 29-count grand jury indictment. The investigation was wrapped up in a raid of several residences and Bert’s Jewelry, June 6. In the raid, Medway confiscated dried psilocybin mushrooms, mushrooms germinating in jars and growing on trays and related paraphernalia.

Brian K. Brown, 44, 7040 Cleveland Road, has pleaded guilty to five counts of illegal manufacture or cultivation of drugs and two counts of trafficking in controlled substances. He is scheduled for sentencing Sept. 28.

The remaining codefendants, Ilene Bennett, 68, and Harry Bennett, 67, both of 7040 Cleveland Road, Wooster, Shannon M. Yeagley, 30, 3669 E. Sterling Road, Creston, and Justin R. Graham, 27, 140 N. Main St., Creston, are scheduled for pre-trial conferences Sept. 29.

In the indictment, prosecutors are seeking forfeiture of 31 firearms, $2,384 in cash and 42 “silver coins or bars” and real estate owned by Underwood.

Underwood has up to the Sept. 22 plea hearing to accept or reject the plea offer.

Published: September 11, 2011
New Article ID: 2011709119993