FROM STAFF REPORTS
BURNET — A state district judge sentenced a former Burnet County investigator to 10 years of probation after the man pleaded guilty to an aggravated perjury charge regarding a search warrant in August 2013.
Irvin “Bo” Boshears entered the plea April 24 in Judge Dan Mills’ court. As part of the plea, Boshears also will have to surrender his peace officer’s license.
The aggravated perjury plea stems from an investigation in August of last year during which Boshears, as an investigator for the Burnet County Sheriff’s Office, made a false statement in an arrest warrant he presented to the justice of the peace and information he used to “provide probable cause for the arrest of a person.” Based on the information Boshears used in the affidavit, two people were arrested and charged with a crime.
According to a November grand jury indictment, Boshears stated he recovered some stolen property while executing a search warrant Aug. 29, 2013. Based on that information, he was able to get arrest warrants for two people.
The indictment, however, stated a piece of evidence Boshears claimed to have found on the property in question on Aug. 29 had not been found at that time but was “recovered at an earlier date before the search warrant was executed.”
This piece of evidence, however, was listed on the arrest warrant affidavit.
Two people were arrested based on this information. Charges were eventually dropped.
Boshears was indicted on both aggravated perjury and tampering/fabricating physical evidence. He did not plea to nor was convicted on the tampering charge.
The former investigator faced up to 10 years in prison. Mills sentenced Boshears to 10 years’ confinement but then probated the sentence to 10 years of community supervision.
editor@thepicayune.com
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