Posted on 04/12/2005 8:52:59 PM PDT by Born Conservative
A former police officer from Carbon County was sentenced Monday in federal court in Scranton to more than one and a half years in federal prison for planting narcotics in suspects' homes.
U.S. Middle District Court Judge A. Richard Caputo sentenced Michael R. Weaver, 35, of Nesquehoning, to 21 months in federal prison. Weaver, a former police officer in Coaldale, Schuylkill County, pleaded guilty Jan. 4 to a civil rights violation in the drug-planting scheme.
Weaver and Jeremy K. Sommers, 28, of Summit Hill, Carbon County, a former police officer in Lansford, took part in a plot to plant cocaine and heroin in two criminal suspects' residences. Both suspects were arrested on drug charges as a result.
Sommers, who also pleaded guilty to a civil rights violation, will be sentenced Tuesday in Harrisburg.
Federal authorities said the former officers planted narcotics that were being held as evidence in other drug investigations.
Also Monday, Judge Caputo placed the former Lansford police chief on two years probation for lying to federal investigators about the sale of a .45-caliber machine gun.
Joseph Stawiarski, 47, of Summit Hill, Carbon County, pleaded guilty Jan. 4 before Judge Caputo to lying to federal investigators about the sale of a .45-caliber M-10 machine gun. He sold the weapon to Shawn P. Nihen, 32, of Lansford.
Nihen, former police chief of Coaldale, pleaded guilty Oct. 20 to possessing the machine gun illegally. His sentencing is set April 20 before U.S. District Judge William Nealon.
Assistant U.S. Attorney Gordon Zubrod has said the investigation began into the illegal sale of the machine gun and spread to fraudulent arrests on drug charges. Coaldale and Lansford are neighboring communities about 10 miles southeast of Hazleton.
On Monday, Zubrod said Weaver conspired to plant the drugs, filed the false drug charges against the suspects, obstructed an investigation and lied to the FBI.
"This is as close as you get to treason in local government," Zubrod said. "He's damaged the criminal justice system."
Judge Caputo said the drug-planting scheme "essentially turned the criminal justice system upside down."
"We simply cannot have law enforcement people who are creating offenses where none exist," the judge said.
Judge Caputo also fined Weaver $1,000 and placed him on two years supervised release after his prison term.
During Stawiarski's proceeding, his lawyer, Greg Mousseau, said the machine gun sale took place while Stawiarski was on disability leave as police chief. He later retired from the post.
Zubrod said Stawiarski lied to the FBI when questioned about the sale of the machine gun.
Judge Caputo placed Stawiarski on three months' home confinement and ordered him to perform 100 hours of community service.
Those were extremely light sentences for such a violation of their oath. Deportation would be more suitable.
Ditto that.
It's amazing they were ever caught. But for the illegal gun sale they likely wouldn't have been.
"We simply cannot have law enforcement people who are creating offenses where none exist," the judge said.
No, that power is reserved for legislators.
The illegal MG sale is supposed to net a fine of 250.000 and ten years in prison. If this guy was not a COP it might have, but since he's a Cop he gets off light.
Yea, that will set an example!
"No, that power is reserved for legislators."
LOL
When cops and judges are liars and crooks there is no law
ping
Home confinement and community service??? What a joke!
The judge deserves jail time for that piddley punishment he handed out.
These people were probably guilty of something, and the police were just making sure it happened in due time. </Woddie Logic>
Many states give equal punishement for false testimony or false evidence as the crime would have...these guys got lucky..is this judge from Aruba?
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