Federal prosecutors are recommending a nine-month term in prison for a former Kern County sheriff's deputy who conspired with other law enforcement officers to sell drugs they stole from evidence lockers.
In a sentencing memorandum filed Monday, prosecutors said a nine-month term is appropriate for Logan August in part "because the need to deter police corruption of this kind is of paramount importance."
Prosecutors said in the document August used his position as a deputy to steal marijuana that would have been destroyed and instead helped spread it into the community.
"Defendant's actions were motivated by greed, and he committed these crimes repeatedly over a nine-month period," prosecutors said. "His conduct has tarnished the reputation of the KCSO.
"Defendant's abuse of his position as a police officer, his repeated theft and distribution of narcotics for his own selfish gain, and the widespread effect of his crimes demonstrate the seriousness of this offense."
August's attorney, David A. Torres, said Tuesday he will "aggressively argue" for a sentence that does not include incarceration.
"Logan is extremely remorseful for his conduct, but he has rebounded and has contributed much to our community since his arrest," Torres said. "I am confident that the court will be receptive to our argument and the numerous character letters submitted on Logan's behalf."
August is set for sentencing Aug. 7, along with co-conspirator, and former deputy, Derrick Penney. Both men have admitted to their crimes.
Prosecutors are recommending a probationary sentence for Penney as there's no evidence of his criminal activity beyond his one-time theft of marijuana from the storage unit, the document said. Also, he was the first to go to authorities and tell what he'd done.
Torres has said his client also admitted to his involvement with former Bakersfield Police Department Detective Patrick Mara, who pleaded guilty last fall to federal drug charges.
Mara and his former BPD partner, Damacio Diaz, are currently serving five-year sentences in federal prison for stealing methamphetamine and putting it back on the streets.
According to the plea agreements, August and Penney stole marijuana from the sheriff's storage unit that had been previously confiscated from illegal grow operations.
“On or about September 19, 2014, in furtherance of this conspiracy, Penney and KCSO Deputy August used their KCSO-issued keys to gain access” to the department’s marijuana storage unit, the agreements state.
The two admitted to cutting the tops off plants and placing them in trash bags, storing the pot at Penney's home until another co-conspirator retrieved it. That person trimmed the plants into usable marijuana.
About eight pounds of saleable pot was then returned on multiple occasions to Penney, according to the documents. He then delivered the product, over a period of time, to August, who provided it to an individual who had previously worked for him as a confidential informant.
That person sold the weed and shared the profits with August, who then shared the money with Penney, the documents said.