Four of the eight suspects accused of selling marijuana at four Smithfield vape stores last year have taken plea agreements. The other four are scheduled for court appearances over the next two months.
Aiman Alghzali, 22, of Hampton, and Amin Zandani, 34, of Suffolk, each pleaded guilty on Sept. 24, and Isle of Wight County Circuit Court Judge Helivi Holland took their cases “under advisement.” Wail Almaleki, 30, of Newport News, also received an “under advisement” determination on Jan. 7.
Taking a charge under advisement means the judge found sufficient evidence for a finding of guilt but stopped short of declaring them guilty. Alghzali pleaded guilty to two felony counts of possession with intent to distribute between 1 ounce and 5 pounds of marijuana, and in return, two misdemeanor counts of possession with intent to distribute were dropped. Zandani pleaded guilty to a single felony count of conspiracy to distribute between an ounce and 5 pounds of marijuana.
Almaleki, a manager at the now-closed Discount Vape and Tobacco store in Smithfield Shopping Plaza by Kroger, pleaded guilty to one felony count and one misdemeanor count of possession with intent to distribute.
Per the terms of their plea agreements, Alghzali and Zandani will each see their charges reduced to a Class 1 misdemeanor upon completing one year of good behavior. Each was sentenced to 12 months in jail, all suspended, followed by supervised probation for one year. Both worked at the Tobacco & Vape store in the Cypress Run Plaza shopping center.
Almaleki was also sentenced to 12 months in jail, all suspended, but received one year of unsupervised probation.
Police said they seized nearly $40,000 worth of marijuana from four vape stores on Feb. 10 following a four-month undercover investigation. A 2021 change in state law decriminalized possession of up to an ounce and the growing of up to four marijuana plants at home for personal use, but retail marijuana sales remain illegal in Virginia. At the federal level, President Donald Trump signed an executive order on Dec. 18 directing Attorney General Pam Bondi to “take all necessary steps to complete the rule making process related to rescheduling marijuana,” long classified as a Schedule I drug, as Schedule III, which are defined as having less potential for abuse than Schedule I or II drugs.
The complaint against Zandani alleged that police found over 1,000 grams, or more than 2 pounds, of loose-leaf marijuana and pre-rolled marijuana cigarettes at the store, and that Zandani was “solely responsible” for purchasing it for resale. Police said they seized 6.2 pounds of marijuana from the store on Feb. 10.
Per the terms of both plea agreements, neither is to contest the forfeiture of $11,127.19 police seized from the sale of marijuana at the store.
Another suspect – Oumar Hammety, 26, of Newport News – pleaded guilty in July to misdemeanor possession with intent to distribute less than an ounce of marijuana and was sentenced to six months in jail, all suspended, conditioned on good behavior for 12 months. He’d also faced one felony count of possession with intent to distribute more than an ounce but less than 5 pounds, which Judge Wayne Farmer also took under advisement. Per the plea agreement, Hammety’s felony charge will be dismissed after one year of supervised probation and one year of good behavior.
Hammety was arrested at the Tobacco & Vape at 1921 S. Church St., where police said they found 3½ pounds of marijuana, including “more than an ounce of leafy marijuana and multiple other marijuana products on display.”
The remaining four suspects are Ali Alkotaini, 29, of Carrollton; Kelsey Ewell, 35, of Windsor; Abdulla Yahya, 23, of Carrollton; and Helal Zokari, 24, of Carrollton. All except Ewell were indicted by an Isle of Wight County grand jury on Nov. 10, moving their cases to Circuit Court.
Ewell’s case remains in Isle of Wight General District Court. Her next appearance is scheduled for Feb. 26. Ewell, a clerk at the now-closed Discount Vape and Tobacco, faces two felony counts and and two misdemeanor charges of possession with intent to distribute.
Alkotaini, who owned Discount Vape and Tobacco, also faces one felony count of possession with intent to distribute. His arraignment, where he’ll plead guilty, not guilty or no contest, is scheduled for Feb. 4.
Court filings allege Alkotaini “did not specifically sell marijuana himself” but that Almaleki “did sell marijuana” to an undercover officer prior to the Feb. 10 raid that shuttered the four stores. Filings say both men were equally involved in purchasing the store’s inventory.
Yahya, a clerk at the former Planet Tobacco & Mart, is scheduled for arraignment on Jan. 14. He faces one felony count of possession with intent to distribute between an ounce and 5 pounds and one misdemeanor count of possession with intent to distribute less than an ounce.
The former Planet Tobacco has since reopened as a convenience store, Planet Mart.
Zokari, who also worked at Planet Tobacco, faces three felony counts of possession with intent to distribute and is scheduled to be arraigned Feb. 4.
