POSTED: Thursday, September 13, 2012 - 1:20pm
UPDATED: Thursday, September 13, 2012 - 3:14pm
tyler, tx — Former Precinct 3 Constable Dustin Rust appeared in court Thursday morning for a hearing about his April indictment.
The prosecution filed a motion to dismiss all three cases, two felonies and one misdemeanor, against him. A courtroom reporter says the prosecution gave a written statement and signed agreement by Rust to Judge Skeen. In the document, the constable agreed to the following sanctions: one year probation, admitting guilt and paying about $7,600 in restitution.
The prosecution also requested a pretrial diversion, which is an option of taking Rust back to court if he fails to meet those requirements, and for a dismissal. However, Skeen denied all motions made by the state.
The judge has set the trial to begin October 1 at 10 a.m. All three cases will be consolidated.
Rust's case took place in the 241st District Court at 11 a.m. Judge Jack Skeen, who issued a gag order  back on April 17, is the presiding judge.
Controversy has swirled around Rust ever since he was indicted for misuse of county property back in April 2012. He is accused of using his deputies for a private security detail in Smith County neighborhoods.
Last week, special prosecutor Lance Larison made a motion  to dismiss the charges.
Rust lost his race for Constable to Jim Blackmon and stepped down in early August.