Antelope Valley Press

Two deputies given new conviction­s in pot theft

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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.

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