BAKERSFIELD, Calif. (KGET) — Two former deputies who are alleged to have stolen hundreds of pounds of marijuana to sell on the street had their May trial dates pushed backed to September Friday morning.
Logan August and Derrick Penney are now scheduled to stand trial Sept. 16 on charges including conspiracy and burglary for alleged crimes including stealing pot from a Kern County sheriff’s storage unit. The marijuana had been previously confiscated from illegal marijuana-growing operations.
The two were charged by the Kern County District Attorney’s office in September.
On Aug. 7, 2017, following an FBI investigation, Penney and August pleaded guilty to federal charges of conspiracy to possess with intent to distribute marijuana. They were sentenced to probation.
But a year-long District Attorney’s office investigation revealed the ex-deputies stole an additonal 350 pounds of marijuana than was originally believed, according to prosecutors. That new information, plus other alleged incidents, resulted in state charges against them despite their conviction in federal court, prosecutors said.
Then-District Attorney Lisa Green said at the time it’s not double jeopardy to charge Penney and August in connection with crimes they’ve already faced in federal court because federal and state court are separate jurisdictions.
According to their federal plea agreements, August and Penney conspired with another law enforcement officer to sell drugs they stole from evidence lockers “on or about Sept. 19, 2014.” They stored the pot at Penney’s home. Another person later retrieved it and trimmed the plants into usable cannabis.
August then gave the marijuana to someone who previously worked for him as a confidential informant, according to the agreements. That person sold the weed and shared the profits.
If convicted of all charges, August faces a maximum of 15 years in prison, and Penney 9 years, eight months.