When Larry Pugh, former Jacksonville police officer, was issued a $5,000 unsecured bond for five counts of deprivation of rights under the color of law, Feb. 8, some questioned the bond which was set by U.S. Magistrate John D. Love.
However, on Friday, assistant U.S. Attorney Alan Jackson explained the bond and charges against Pugh.
“The bond amount is not unusual for Federal Court,” Jackson said, “and the unsecured bond didn’t surprise me. It wouldn’t have surprised me if an unsecured bond was set for a felony.”
Pugh was taken into custody Wednesday morning by Federal Bureau of Investigation and U.S. Marshal officials after being suspended with pay from the Jacksonville Police Department on Oct. 21, 2005, pending the investigation.
According to Jackson, although Pugh’s charges relate to the sexual assault of five women while on duty, since no bodily harm could be proven, all five counts are misdemeanors.
If convicted, Pugh faces a fine of not more than $100,000, imprisonment for not more than one year and a term of supervised release of not more than one year for each count for which he is found guilty, Jackson said.
“Under the order of law, it is a Class A misdemeanor unless there is evidence of bodily harm, and we have not alleged to that,” Jackson said.
Friday morning, Pugh said, “I know there are rumors about me all over town, but they’re not true.”
Deprivation of rights under the color of law means that the person doing the act is using power given to him or her by a governmental agency (local, state or federal), according to the Web site www.fbi.gov.
According to the site, off-duty conduct may also be covered under color of law, if the perpetrator asserted their official status in some manner. While the federal authority to investigate “color of law” type violations extends to any official acting under “color of law,” the vast majority of the allegations are against the law enforcement community.
Most of the FBI’s “color of law” investigations fall into five areas, including excessive force, sexual assaults, false arrest/fabrication of evidence, deprivation of property and failure to keep from harm.
“Sexual assaults by officials acting under ‘color of law’ could happen in a variety of venues,” according to the FBI Web site. “They could occur in court scenarios, jails, and/or traffic stops to name just a few of the settings where an official might use their position of authority to coerce another individual into sexual compliance. The compliance is generally gained because of a threat of an official action against the other if they do not comply.”
“I know people say that I stop people and then sexually assault them, and that’s not true,” Pugh said.
According to JPD Chief Mark Johnson, the investigation into Pugh’s conduct began approximately five months ago when he was made aware of rumors of possible misconduct by Pugh. The allegations were then investigated by Cherokee County District Attorney’s Office officials, before the DA’s office and Johnson decided to inform the FBI of the allegations.
Pugh was terminated from JPD after his arrest Wednesday, according a written statement from Johnson.
A pre-trial has been scheduled for April 5, and jury selection will be held April 10. The deadline for a plea agreement is 3 p.m. on March 29.
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