Two deputies given new convictions in pot theft
District Attorney Cynthia Zimmer announced a resolution in a significant plea in a case involving two former Kern County Sheriff’s deputies accused of stealing marijuana seized by the sheriff department.
In early 2017 Deputies Logan August and Derick Penney entered a plea agreement with Federal Prosecutors of the United States Attorney’s Office that acknowledged conspiring with former Bakersfield Police Department Officer Patrick Mara to sell marijuana seized from an illegal marijuana grow site. This federal plea was negotiated without consultation of the sheriff’s department or the Kern County District Attorney’s Office.
Upon learning of the of the federal plea, sheriff’s Commander Erik Levig began an investigation in conjunction with District Attorney Investigator Don Krueger to learn the true extent of the crimes committed by any member of the sheriff’s department. This year-long investigation revealed several new offenses committed by August and Penney.
Investigators learned that
August had assisted other law enforcement agencies in transporting seized marijuana from a crime scene to the sheriff’s property room for booking and storage. Much of the marijuana was considered high-grade and was in vacuum sealed containers. In March 2015, August entered the property room under the false premise of removing that marijuana for burial and destruction and took 351 pounds of marijuana.
Despite being a uniformed deputy, August had no authority or legitimate purpose to remove this seized marijuana from the property room. Sheriff’s department procedures dictated that only specific persons could remove marijuana for this purpose, and the destruction process of marijuana was closely guarded and monitored. The investigation confirmed that August never attempted to have the marijuana disposed of, and the location of the stolen marijuana was never discovered.
Investigators discovered that August concealed the theft by falsifying evidence destruction forms and police reports. These false forms and reports might have been noticed by a supervising deputy if they had not been signed for approval in the sheriff’s department computer system by Penney, whose actions precluded the possibility of their discovery.
August entered a plea of no contest Thursday to all 15 charges alleged against him. The no contest pleas are an “open plea,” a term used when a criminal defendant enters guilty or no contest pleas to all charged offenses without any promise of leniency or negotiated sentence from either the prosecutor or the judge. A plea to all charges subjects August to the potential of a significant prison sentence of upwards of 10 years, though the judge who conducts the sentencing has wide discretion on the ultimate sentence imposed.
August will be sentenced by Judge Judith Dulcich on Oct. 13.
Derrick Penney entered a no contest plea Thursday to two felony counts of Penal Code 118.1, falsifying a police report. He will serve 90 days in custody and be placed on probation for his involvement in the case.
This case was investigated and prosecuted by Deputy District Attorney Garrett T. Rice.