Sept. 07--Special prosecutor Lance Larison has filed motions with the Smith County 241st District Court to have all charges dismissed against a former Smith County constable.
A hearing is set for Sept. 14 in Judge Jack Skeen Jr.'s courtroom for the prosecution and defense to argue the case of Dustin Robert Rust, 31.
The motion states Rust already paid restitution in the amount $7,698 for the time and cost of vehicles used by deputy constables while on duty with the county and working security.
The motion, filed with the court on Wednesday, states the defendant will "have to report to community supervision for a period of one year, and complete conditions of probation." If he violates any of the conditions of the community supervision, the charges could be filed again, the motion states.
Rust also "signed a judicial confession to offenses contained in all of the charging instruments admitting his culpability, which could be used in subsequent proceedings," according to the motion.
Rust was indicted in April on two counts of abuse of official capacity, a state jail felony; one count of theft by a public servant, a third-degree felony; and 10 counts of operating a security company without a license, a Class A misdemeanor.
Each charge of abuse of official capacity carries anywhere from 180 days to two years in jail and a $10,000 fine. The third-degree felony theft, for allegedly using taxpayer dollars to illegally run a security business for benefit, carries between two years and 10 years in prison and up to a $10,000 fine. Defense attorneys Kelly Pace and John Haring are representing Rust.
The motion also stated that Rust's resignation on Aug. 2 was a part of the written agreement he entered with the special prosecutor. His trial is still set for Sept. 17, according to the Smith County Judicial website.
On May 29, Rust finished last in a four-candidate primary race. Jim Blackmon, a Bullard police officer, eventually won the July 31 runoff and was sworn in by Smith County commissioners in August to fill Rust's unexpired term. Blackmon will begin the full term for which he was elected on Jan. 1.
Rust said at the time of his resignation that he would be going to work for another law enforcement agency, but declined to specify which one.
There was no information in the motion about whether Rust would be able to retain his license with the Texas Commission on Law Enforcement Officer Standards and Education. In order to work as a licensed peace officer in Texas, an individual must have a current TCLEOSE license, according to the commission's website.
A call placed to Larison was not returned. Smith County District Attorney Matt Bingham declined comment on Thursday, citing a restrictive and protective order in place in the Rust case that prevents him from speaking about the case.
The staff in Pace's office said he was out of the office and would not be able to return calls until next week.
Copyright 2012 - Tyler Morning Telegraph, Texas
