Post by WaTcHeR on Jun 22, 2006 13:50:06 GMT -5
06.22.2006 - FREDERICKSBURG — A pinch of pot that a patrolman let a drug suspect keep two years ago to foster tips about crimes yielded its first conviction Monday — against the now-former officer.
State District Judge Steve Ables found officer Clint Stewart, 34, guilty of tampering with evidence, a third-degree felony, and ordered him to serve three years' probation, pay a $500 fine and perform 300 hours of community service.
Aside from the unusual facts, the case is notable for causing a rift among some local authorities.
The complaint against Stewart stemmed from a May 13, 2004, traffic stop during which he seized a bag of marijuana from the car's driver.
After the motorist indicated she could provide information on drug suppliers, Stewart testified, he granted her request that he give her back a small pot bud.
"I was trying to create a snitch. She was trying to help us out and I was trying to help her out," said Stewart, who had been on the Fredericksburg police force since 2002. "I thought that's what you did."
Most of the seized pot was retained as evidence, but the case against the woman was dropped after Stewart confided to a fellow officer months later that he'd given her some back.
Called as defense witnesses Monday were Police Chief Paul Oestreich and Gillespie County Sheriff Milton Jung, who characterized Stewart's actions as well-intended but ill-advised.
"I think, in his mind, he was trying to do what was right," Oestreich said.
Jung, who hired Stewart as a deputy after he left the police force in 2004, said, "I think it was just a stupid rookie mistake."
Both described Stewart as an honest officer who likely, but wrongly, thought he was using an established police tactic.
But District Attorney Bruce Curry noted that the motorist quoted Stewart as saying he could lose his job if she told anyone he'd returned some of her pot.
As to Stewart's honesty, both Jung and Oestreich testified that they'd heard about inconsistencies on Stewart's job applications.
Stewart said on his 2002 city application that he'd used cocaine and pot and had a driving-while-intoxicated conviction. On his county application in 2004, he said he had no crime convictions and never used illegal drugs. Both documents were entered as evidence.
Curry noted that Sgt. Terry Weed, who had questioned the motorist in Stewart's presence in 2004, testified that she repeatedly asked for some pot back and Weed refused the request.
Weed said he was torn when Stewart later confided he gave the woman back some pot.
"He just kept stuck to saying he thought it was cool to do that," said Weed, who reported the incident to superiors.
During the trial, Weed and Texas Ranger Kyle Dean, who investigated the case, sat behind prosecutors. Across the aisle, behind the defense table, sat Jung and Oestreich.
Afterward, Curry called Weed's conduct "admirable," saying, "He was in a very tight spot, from a lot of different directions."
The case strained relations between Curry and Oestreich.
"I question his motives for bringing it forth the way he did," Oestreich said of Curry.
Curry said the case went to trial because Stewart declined an offer to plead guilty to a misdemeanor.
www.mysanantonio.com/news/metro/stories/MYSA061306.1B.coptrial.1275faf5.html
State District Judge Steve Ables found officer Clint Stewart, 34, guilty of tampering with evidence, a third-degree felony, and ordered him to serve three years' probation, pay a $500 fine and perform 300 hours of community service.
Aside from the unusual facts, the case is notable for causing a rift among some local authorities.
The complaint against Stewart stemmed from a May 13, 2004, traffic stop during which he seized a bag of marijuana from the car's driver.
After the motorist indicated she could provide information on drug suppliers, Stewart testified, he granted her request that he give her back a small pot bud.
"I was trying to create a snitch. She was trying to help us out and I was trying to help her out," said Stewart, who had been on the Fredericksburg police force since 2002. "I thought that's what you did."
Most of the seized pot was retained as evidence, but the case against the woman was dropped after Stewart confided to a fellow officer months later that he'd given her some back.
Called as defense witnesses Monday were Police Chief Paul Oestreich and Gillespie County Sheriff Milton Jung, who characterized Stewart's actions as well-intended but ill-advised.
"I think, in his mind, he was trying to do what was right," Oestreich said.
Jung, who hired Stewart as a deputy after he left the police force in 2004, said, "I think it was just a stupid rookie mistake."
Both described Stewart as an honest officer who likely, but wrongly, thought he was using an established police tactic.
But District Attorney Bruce Curry noted that the motorist quoted Stewart as saying he could lose his job if she told anyone he'd returned some of her pot.
As to Stewart's honesty, both Jung and Oestreich testified that they'd heard about inconsistencies on Stewart's job applications.
Stewart said on his 2002 city application that he'd used cocaine and pot and had a driving-while-intoxicated conviction. On his county application in 2004, he said he had no crime convictions and never used illegal drugs. Both documents were entered as evidence.
Curry noted that Sgt. Terry Weed, who had questioned the motorist in Stewart's presence in 2004, testified that she repeatedly asked for some pot back and Weed refused the request.
Weed said he was torn when Stewart later confided he gave the woman back some pot.
"He just kept stuck to saying he thought it was cool to do that," said Weed, who reported the incident to superiors.
During the trial, Weed and Texas Ranger Kyle Dean, who investigated the case, sat behind prosecutors. Across the aisle, behind the defense table, sat Jung and Oestreich.
Afterward, Curry called Weed's conduct "admirable," saying, "He was in a very tight spot, from a lot of different directions."
The case strained relations between Curry and Oestreich.
"I question his motives for bringing it forth the way he did," Oestreich said of Curry.
Curry said the case went to trial because Stewart declined an offer to plead guilty to a misdemeanor.
www.mysanantonio.com/news/metro/stories/MYSA061306.1B.coptrial.1275faf5.html