Florida appeals court throws out racketeering conviction of deputy who planted drugs during traffic stops

A Florida appeals court has thrown out a racketeering conviction of a corrupt, former Sheriff’s deputy in the Panhandle. It ruled that he acted alone in a plot to plant drugs on unsuspecting drivers during traffic stops.

The court’s decision this week in Tallahassee could limit prosecutors’ use of Florida’s anti-racketeering law, which can add years to prison sentences to punish those who participate in a criminal enterprise. In an unusual move, the appeals court urged the Florida Supreme Court to consider issuing its own decision in the case.

The appeals panel said using the racketeering statute should require proving at least two people were involved in breaking the law. One of the panel’s three district Judges, Timothy Osterhaus, said he agreed the deputy was guilty but believes the racketeering conviction was appropriate.

The case involved the conviction and sentencing of Zachary Tyler Wester, 32, of Crawfordville, a Sheriff’s deputy in rural Jackson County, along the border of Alabama northwest of Tallahassee and bisected by Interstate 10. The court said Wester planted drugs on drivers during at least 11 traffic stops during 2017 and 2018 and arrested them on drug charges.

Authorities discovered Wester’s corruption after an internal affairs investigation prompted by complaints from defendants into why the deputy kept turning off his body camera during some traffic stops. Investigators found marijuana and methamphetamine in his patrol cruiser.

Wester was arrested in July 2019 and convicted after a jury trial two years later on 19 charges, including official misconduct, perjury, false imprisonment, fabricating evidence, drug possession and racketeering. The trial Judge sentenced him to just under 12 years in prison.

Wester was expected to be released from prison in 2033. This week’s appeals ruling could reduce his prison sentence by up to five years. The Department of Corrections said Wester was serving his prison term at an unidentified facility in Colorado for his own safety, to keep him as a former law enforcement officer away from Florida inmates.

Wester had appealed his conviction for racketeering, saying that he acted independently, and the Jackson County Sheriff’s Office did not benefit from his crimes. Two of the appeals Judges, Joseph Lewis Jr. and Bradford “Brad” L. Thomas, agreed this week that use of the organized crime law was improper in the case.

“While licit or illicit activities may be involved in racketeering, for the crime to be charged under RICO, the enterprise must be shown to be used by two or more people to facilitate some illegal objective,” the court ruled.

Osterhaus disagreed, saying the deputy turned the Sheriff’s Office into a criminal enterprise.

“Because Wester’s false arrests and reports caused his victims to be wrongfully jailed by the sheriff’s office, charged with crimes, and hauled before courts, his actions were covered by the racketeering statute,” Osterhaus wrote in a partial dissent. “His racketeering conviction should be affirmed.”

Following the accusations against Wester, the State Attorney’s Office dropped charges in 120 cases where Wester was the arresting officer. Many who were falsely convicted due to Wester had already faced significant legal consequences, including prison time. One driver lost custody of his daughter because of the false drug charges filed against him.

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This story was produced by Fresh Take Florida, a news service of the University of Florida College of Journalism and Communications. The reporter can be reached at [email protected]. You can donate to support our students here.