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Police chief, officer arrested after drug evidence inquiry

Crime lab says E. Texas department hasn't sent samples for five years

12:00 AM CST on Saturday, March 4, 2006

By LEE HANCOCK / The Dallas Morning News

TYLER – The longtime police chief of Troup and one of his officers were arrested early Friday in the southeast Smith County town after a six-week investigation into theft of drugs and evidence.

Chief Chester Kennedy was charged with evidence tampering, and Officer Mark Turner was charged with evidence tampering and delivery of marijuana.

"There have been rumors and a cloud of suspicion involving that department for quite some time," said Maj. Mike Lusk, head of criminal investigations for the Smith County Sheriff's Department.

Sheriff's investigators began the inquiry and called in the FBI after receiving complaints "both outside and in the department" about problems with drug cases and other investigations in the town, where Chief Kennedy has led the force for more than a decade, Maj. Lusk said.

Troup city officials did not return repeated phone calls for comment. Smith County deputies were handling patrol assignments to protect the town of 1,949 Friday, authorities said.

FBI Special Agent Jeff Millslagle, resident agent in charge of the bureau's Tyler office, said his agents are continuing in the investigation, along with sheriff's investigators, the Smith County district attorney's office and the Texas Department of Public Safety.

Investigators said checks with the Texas Department of Public Safety, where the crime lab processes drug evidence for local police departments statewide, determined that Troup officers hadn't sent in any evidence for testing in more than five years.

And local prosecutors "very infrequently" saw any cases from the department, said Smith County District Attorney Matt Bingham.

Investigators said they zeroed in on cases involving four people who were arrested and then had case evidence disappear – including one in which police had confiscated "an eight-ball," or more than 3 ½ ounces of methamphetamine; another involving several 2-foot marijuana plants; and a third involving a gallon-size plastic bag of marijuana.

A search of the department's evidence locker turned up some drugs that had not been tagged, some lying in open bags and some evidence bags that were empty. Those were scattered with other evidence that had been properly bagged and tagged, investigators said.

Chief Kennedy, 59, admitted under questioning that he had given some alcohol to an officer that should have been held for a pending bootlegging case, investigators said. Asked about the missing drugs, he told investigators that "he knew it was going on. He claims he was trying to handle it, but it wasn't going too good," said an official familiar with the case, speaking on condition of anonymity.

Officer Turner, 47, delivered a small quantity of marijuana to an undercover investigator "as a good-faith gesture" and admitted having more in his home after his arrest, officials say. Authorities found a small quantity in his home, investigators said.

Chief Kennedy became chief in Troup after being tried and acquitted in 1993 in neighboring Wood County on charges of indecency with a child. He had worked prior to that as a Wood County sheriff's deputy but left the county after his trial, said Wood County Criminal District Attorney Marcus Taylor.

Chief Kennedy also ran into controversy with the Smith County Sheriff's Department after his son violated parole. Chief Kennedy denied knowing where his son was, but deputies were tipped off by an informant that he was hiding in Chief Kennedy's home and caught the younger man there when he came outside to get a newspaper, said Smith County Sheriff J.B. Smith.

Mr. Taylor remained jailed Friday in lieu of bond totaling $500,000, and Mr. Kennedy was released after making a $400,000 bond, authorities said.

E-mail lhancock@dallasnews.com

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