UPDATE: (11:42 a.m.): Derrick Penney's attorney Tony Capozzi says Penney came forward and told authorities about his involvement. He says he was involved "the least".
UPDATE (11:22 a.m.): Derrick Penney has also entered a guilty plea as part of his plea agreement. Penney will be sentenced on Aug. 7 with Logan August.
UPDATE (10:47 a.m.): Logan August's attorney David Torres says he will recommend his client serve no jail time.
Torres made it clear that he's not concerned about possible public outcry if August doesn't serve time. He's only concerned about his client.
— Ken Mashinchi (@KMashinchi) May 15, 2017
UPDATE (May 15, 10:12 a.m.): Logan August has taken a plea deal. He is scheduled to be sentenced Aug. 7.
Derrick Penney will face a judge at 11 a.m. Monday.
BAKERSFIELD – Two former members of the Kern County Sheriff's Office face five years in prison for their roles in a drug selling scheme while members of the force.
The two have admitted that they worked with former Bakersfield Police Officer Patrick Mara, who has been imprisoned for his role in a drug scheme along with ex-BPD detective Damacio Diaz.
Court documents show Logan August and Derrick Penney have agreed to plead guilty to conspiracy to distribute and possess with intent to distribute marijuana. The two each face five years in prison, a fine of $250,000, a minimum two-year period of supervised release and a maximum lifetime period of supervised release.
Documents show that between March and December of 2014, August regularly participated in law enforcement eradication operations. During that timeframe, he worked with a confidential informant, taking marijuana plants and processed marijuana from raids with the intent to sell it.
Between March and December of 2014, documents show that on 10 separate occasions August stole the marijuana with the intent to sell. During that stretch August gave his informant 25 pounds worth of marijuana. The informant, in return, gave August $15,000.
Documents show that August worked with Penney, Mara and his informant between June and October of 2014.
Around the time of Sept. 17, 2014, August and Penney used their KCSO-issued keys to gain access the department's marijuana storage unit. The two sawed off the ends of some of the marijuana plants and placed the top ends into trash bags.
Between Sept. 17-19 of 2014, Penney stored the marijuana in his home. On Sept. 19, another co-conspirator, only referred to as "John Doe" in documents, took the marijuana from Penney's home and had it processed. John Doe took about eight pounds of marijuana to have it processed. Penney then took the marijuana to August, who then in turn gave it to his informant to sell.
Both August and Penney made $1,200 each from the sale of the eight pounds. The rest of the money was divided between between Mara, the informant and John Doe.
As part of August's plea deal, it is recommended that he be held accountable for 33 pounds of marijuana. It is recommended that Penney be held accountable for eight pounds.
Both August and Penney are set to be back in federal court on May 15.