UPDATE: The DA’s office said Thursday afternoon that both August and Penney accepted plea agreements. Penney pleaded no contest to two charges of falsifying a police report and will serve 90 days in custody and be placed on probation.
In August’s case, pleading to all charges subjects him to a possible prison term of more than 10 years, “though the judge that conducts the sentencing has wide discretion on the ultimate sentence imposed,” prosecutors said.
Investigators discovered August entered the sheriff’s property room in March 2015 under the false premise of removing high-grade marijuana for burial and destruction. He took 351 pounds of marijuana from the property room.
“Despite being a uniformed deputy, August had no authority or legitimate purpose to remove this seized marijuana from the property room,” according to prosecutors. KCSO 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.”
August falsified evidence destruction forms and police reports, and Penney signed the reports for approval in the KCSO computer system, according the DA’s office.
BAKERSFIELD, Calif. (KGET) — A former Kern County sheriff’s deputy who was convicted in 2017 in federal court pleaded no contest on Thursday to 15 felony charges filed by local prosecutors.
Logan August pleaded no contest to all charges, including conspiracy and burglary, in connection with stealing drugs from a sheriff’s storage locker and putting them back on the street. His attorney, David A. Torres, said prosecutors offered five years as a stipulated plea bargain, which he believed was excessive.
In order for the court to consider a possible sentence of probation, Torres said, they had no choice but to enter no contest pleas to all charges, a move known as an “open plea.” Sentencing is set for Oct. 13.
“The defense will prepare a sentencing statement outlining the reasons why Mr. August should be afforded leniency at the time of sentencing,” Torres said.
August and Derrick Penney, another former deputy, pleaded no contest in 2017 in federal court to charges of conspiracy to possess with intent to distribute marijuana and were sentenced to probation.
A Kern County District Attorney’s office investigation, however, revealed the deputies stole an additional 350 pounds of marijuana than was originally believed. That and other allegations led to state charges filed against the two men in 2018.