Police Who Commit Crimes Can Be Charged More Harshly, Court Says

VENTURA — In a case that began with a pyramid scheme involving Simi Valley police officers, a state appeals court has sent a message to the men and women in blue that they can be charged more harshly for committing the same crimes as civilians.

On Wednesday, the 2nd District Court of Appeal rejected a Los Angeles police officer’s challenge to a felony charge of operating a so-called “endless chain scheme.” Police officers in the 1995 case were charged with felonies, while civilians who took part were charged with misdemeanors or were not prosecuted.

Justices said Amby Gary Owens already belonged to a pyramid scheme when he attended a recruiting meeting with 70 other people in July 1995.

After the meeting, he accepted two envelopes from a new member, each containing $2,000, the court said. The officer was the only person at the meeting who was prosecuted.

Authorities say the “Moneytree” group collected more than $100,000 from more than 100 participants looking to strike it rich.

The Moneytree’s seven organizers--known as “chairmen”--were arrested during another July 1995 meeting at a Simi Valley home. Three police officers, Owens and two Simi Valley officers, were eventually convicted in the case.

Owens claimed discriminatory prosecution after being offered only a felony plea from the district attorney’s office, the court said.

His claim was rejected by Ventura County Superior Court Judge Steven Perren. Owens then pleaded guilty to the felony charge and Perren reduced it to a misdemeanor.

The officer took his case to the appeals court seeking dismissal. But the court ruled 3 to 0 that police officers are “morally culpable to a greater extent than the civilian participants” and can face more severe charges.

“The prosecution of a police officer may have a greater deterrent effect because it might generate more media coverage and public interest in an otherwise unspectacular crime,” said Justice Kenneth Yegan.

Associated Press contributed to this report.