Motion made to dismiss all charges against Dustin Rust
By DAYNA WORCHELdworchel@tylerpaper.com
Special Prosecutor Lance Larison has filed motions with the Smith County 241st District Court to have three charges dismissed against a former Smith County constable.
There will be a hearing in the Judge Jack Skeen Jr.'s courtroom on Sep. 14 for both sides to argue the case of Dustin Rust. The motion states that Rust has already paid restitution in the amount $7,698 for the amounts of time and cost of vehicles used by deputy constables while on duty with the county and working security.
The motion states the defendant will be on probation for one year, and has “signed a judicial confession to offenses contained in all of the charging instruments admitting his culpability, which could be used in subsequent proceedings.”
Rust was indicted in April on two counts of abuse of official capacity, a state jail felony; one count of theft by a public servant, a third degree felony; and 10 counts of operating a security company without a license, a Class A misdemeanor.
Each charge of abuse of official capacity carries anywhere from 180 days to two years in jail and a $10,000 fine. The third-degree felony theft for allegedly using taxpayer dollars to illegally run a security business for benefit carries between two years and 10 years in prison and up to a $10,000 fine. Defense attorneys Kelly Pace and John Haring are representing Rust.
The motion also stated that Rust's resignation on Aug. 2 was a part of the written agreement he entered with the special prosecutor.