Captain Of Sunk Boat Involved In '93 Bust -- Man Accused Of Smuggling Pot

An Indonesian national accused of attempting to bring thousands of pounds of marijuana to Seattle on a sailboat that sank last week was the captain of another ill-fated vessel that ran aground near New York four years ago.

Amir H.L. Tobing, 48, pleaded guilty to trying to smuggle 300 Chinese immigrants to the United States on a freighter called the Golden Venture in a 1993 voyage that ended in tragedy: 10 people died while trying to swim ashore.

Tobing's attorney, David Marshall, said yesterday that his client had "no role in the loss of life" in the Golden Venture incident and maintains his innocence on the Seattle charges.

"Mr. Tobing pled guilty in New York because he was guilty," Marshall said in a statement. "He has pled innocent in Seattle because he is innocent."

Tobing and two co-defendants - Jim Garvorcauskas, 43, and John Benjamin Ricker, about 30 - pleaded not guilty in federal court Friday to charges of conspiracy, attempted drug importation and possession of marijuana with intent to distribute.

The trio is accused of trying to smuggle more than 2 tons of marijuana to Seattle from Thailand in a 60-foot sailboat called the Ok Tedi.

The ship sank Monday morning after it caught fire as Coast Guard vessels approached it about five miles west of Cape Flattery. As the men were rescued, bales and bags of marijuana began floating to the surface.

Although Tobing pleaded guilty to attempting to smuggle the

immigrants in the Golden Venture case, he was not at the helm when the ship ran aground, according to legal documents.

In a mutiny stemming from a disagreement over the ship's route, Tobing was ousted from command and guarded for the duration of the voyage. The first officer who replaced him as captain, San Lwin, was steering the ship when it ran aground. Lwin was later sentenced to 4 1/2 years in prison.

In 1994, when Tobing was sentenced to prison, he told the judge, "I promise not to do it again." He was deported in November 1996 after his release.

Assistant U.S. Attorney Bonnie MacNaughton said yesterday she is confident the government's case is sound.

"We'll try the case and see what the jury decides," she said.

Prosecutors contend the defendants were smuggling more than 2 tons of marijuana to Seattle in exchange for a $450,000 payoff. Their voyage reportedly began Sept. 19 in Thailand.

The seized drugs have a street value of more than $15 million, authorities said. U.S. Customs Agent Brian Rockom said the stash had a gross weight of 5,900 pounds, though some of that weight can be attributed to water.

Garvorcauskas also is charged with arson and destruction of property to prevent seizure.

The defendants will be held without bail at the new federal detention facility in SeaTac until their Feb. 9 trial.

Information from Associated Press is included in this report.

Research assistance for this article was provided by Steve Selter of The Seattle Times library.

Jake Batsell's phone message number is 206-464-2595. His e-mail address is: jaba-new@seatimes.com