Daily Progress, Jacksonville, TX

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September 29, 2006

Former officer pleads guilty

By April Barbe

news@jacksonvilleprogress.com.

TYLER — Pleading guilty to retaliation against a witness and two counts of violation of civil rights, former Jacksonville Police Officer Larry Pugh and his attorneys asked U.S. Magistrate Judge John Love to accept a plea bargain Thursday at the U.S. Federal Courthouse in Tyler.

Love accepted the plea, and the maximum punishment of 12 years in prison will be recommended at a sentencing likely to be held in 45 to 60 days.

“This is a plea bargain only for his (Pugh’s) three federal charges,” said Pete Galbraith, supervisory senior special agent with the Federal Bureau of Investigation during a press conference immediately following the proceedings. “The Cherokee County charges will have to be folded into this.”

Pugh, 33, was originally indicted in 2005 for five counts of violation of civil rights (sexual assault while on duty), and three of the charges were later dismissed. Another violation of civil rights charge was added, along with charges of giving a false statement to an FBI official.

Thursday’s charges included another charge, added in August, after Pugh attempted to drag one of the female witnesses in the case into his vehicle with his belt. The belt broke, allowing the woman to flee and contact JPD.

Pugh was arrested Aug. 8 for aggravated assault of the woman, which led to the federal retaliation charge (because it was against a witness in a federal case).

Appearing in court, slightly thinner with more hair than his most recent police mug shot in August, Pugh appeared content and observant. Love asked Pugh numerous questions to ensure he understood each court action leading to the final guilty pleas.

“Are you pleading guilty because you are in fact guilty?” Love said.

“Yes Sir,” Pugh answered.

According to Pugh he was not forced in any way to accept the plea bargain instead of going to trial in November.

However, Pugh’s sister, Linda, and his mother, Jaquita Smith, said Pugh was forced to accept the agreement, which includes the maximum jail time.

“They all had him take the plea for two reasons – his safety and because with a jury he could have gotten 30 years to life for just one charge,” Linda said. “There’s not a violent bone in his body.”

Pugh’s mother expressed concern with JPD and the FBI stating the plea occurred “because Jacksonville is just railroading him.”

“My son, well you saw his wife, do you think he has any reason to have sex with someone else?” Smith said.

Pugh’s wife, Jennifer, and one of the female victims in his case were present at the court proceedings. Jennifer Pugh adhered to the press, but she spoke only briefly. The victim declined comment.

During a press conference at the U.S Department of Defense in Tyler, John Ratcliffe, first assistant U.S. Attorney, and other FBI and law enforcement officials gave a summary of the court proceedings and answered questions.

“More specifically, Mr. Pugh was admitting that on two separate occasions in 2005, while on duty and while in uniform, he forced two different women to have sex with him,” Ratcliffe said.

The 12-year prison term includes one year for each civil rights violation and 10 years for the retaliation charge.

“It is unfortunate and sad that someone with law enforcement had betrayed the law. It makes it more difficult for other officers in the area to do their job,” Ratcliffe said.

One stipulation in the agreement mentioned the possibility that Pugh not be required to register as a sex offender. However, Cherokee County District Attorney Elmer Beckworth said he believes Pugh may be required by the state to register as a sex offender after he has served his jail time.

Assistant JPD Chief of Police John Page and JPD Detective Travis Cearley were also in attendance. Page said he feels “justice was served.”

Page said JPD and the FBI worked together to resolve the case. JPD officials initially investigated the allegations against Pugh, and later contacted FBI.

Pugh joined JPD in January 2003. He was suspended for allegations of misconduct Oct. 21, 2005 and later fired upon his arrest by the FBI in February 2006.

He will remain in custody of U.S. Marshals until his sentencing, Love said.

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