FRIO SHERIFF ADMITS THEFT, MARIJUANA SALE

Frio County Sheriff Carl Henry Burris, a 21-year veteran law enforcement officer, admits he stole money confiscated in a traffic stop and sold marijuana seized from smugglers, according to a court document.

In a signed plea agreement filed Friday in federal court, Burris said he intends to plead guilty to one count of conspiring to distribute more than 100 kilograms of marijuana and one count of stealing from a federally funded agency.

Such a plea likely would end a career in law enforcement that includes two election victories and an acquittal on state charges of soliciting a bribe.

It also would end nearly two years of coffee-shop speculation in the rural county some 40 miles south of San Antonio.

Rumors started percolating in the county after Burris' sudden arrest by FBI agents Dec. 8, 1998.

Although agents accompanied the arrest with a detailed affidavit alleging Burris pocketed seized money and peddled seized marijuana, no indictment followed.

Instead, Burris, an affable, portly politician, posted bond and went back to work, although he was forbidden to carry a gun as a condition of his release.

Switching from Democrat to Republican, he announced his candidacy for the upcoming November election and told constituents and colleagues alike that the charges amounted to little and eventually would evaporate.

Asked Monday about the plea bargain, the sheriff declined comment.

"I'm not going to talk about this," he said. "If you don't want to talk about anything else, I'm tired."

Monday was an especially hectic day at the department. Three bodies were discovered burning near a peanut farm in the county, diverting most of the law-enforcement attention in the area.

Burris is scheduled to appear in court for arraignment in his case Sept. 28, but the plea agreement will not be official until it is reviewed and accepted at a yet unscheduled hearing before U.S. District Judge H.F. "Hippo" Garcia. Until then, Burris, 53, still can withdraw the plea.

The documents note the maximum punishment for the theft charge is 10 years in prison, while the drug charge could lead to between five and 40 years imprisonment.

But the agreement does not dictate punishment, nor does it address what will become of his department and his candidacy.

The deadline to remove Burris' name from the November ballot elapsed earlier this month. Should the sheriff win re-election and be convicted, he would be ineligible to hold office, according to the Texas secretary of state's office.

But because any conviction would not be final until sentencing, Burris likely would be able to finish his term a=80=94 which would give him eight yearsas sheriff, the minimum time necessary to be vested in the county pension plan.

However, to collect the county's contribution to his pension, Burris would need to leave his money in the fund for seven years, until he turns 60, Frio County Treasurer Anna Hernandez said.

Although the plea agreement was filed Friday, Burris seemed more a devoted law officer than disgraced cop when he was seen working this weekend. News of the plea deal surprised his friends, deputies, even the county judge and fellow Republicans.

"It's a sad day for our county," said Bleecker Morse, chairman of the county's Republican Party.

Plea or no plea, Burris' supporters remained skeptical that he would have risked his career on a scheme that allegedly started with him pocketing about $5,000 to use on a Florida vacation, and then selling the marijuana to replace the money he took from the office safe.

"I don't trust my federal government. Things are not always what they seem," said Gray "Mac" Wilmeth, a former Dilley councilman who helped Burris post bond after his arrest.

Ironically, all federal cases in the area are overseen by U.S. Attorney Bill Blagg, himself a Pearsall native and the son of a former Frio County elected official. Blagg's office declined comment on the case.

FBI agent Darren Holmes, a spokesman for the bureau, would only say that investigators anticipate others may be charged.

In February, FBI agents searched the homes of three of Burris' deputies. No arrests resulted, although agents said the searches stemmed from the Burris probe.

Burris, meanwhile, intends to provide information to the government in hopes that his cooperation will win him a lesser sentence, his plea deal states.