Legal Experts Question Willie Nelson Pot Bust
Texas criminal defense lawyer Dick DeGuerin, Kinky Friedman speak out on arrest
Hudspeth Country Sheriff's Department/WireImagehttp://www.rollingstone.com/music/news/68404/238588Willie Nelson was arrested last Friday by federal Border Patrol agents at a checkpoint in Sierra Blanca, Texas after they seized six ounces of pot off his tour bus. If convicted, the 77-year-old country legend could face extended jail time — the offense carries a minimum sentence of 180 days in jail and a maximum sentence of two years plus a $10,000 fine.
But the arrest doesn't sit well with Texas attorney Dick DeGuerin, a criminal defense lawyer who recently represented Tom Delay and country singer Billy Joe Shaver, and was lawyer to David Koresh during the 1993 FBI siege of the Branch Davidian ranch outside Waco, Texas. DeGuerin questions the lawfulness of the search, which he says occurred 100 miles from the Mexican border. "It needs to be contested," he says.
"It's supposed to be a checkpoint only for aliens, and
overstep their authority all the time," he says. "I've had several cases from that checkpoint and they just use the opportunity to check out anybody they want to. If you have long hair, if you're driving a van or it looks like you're from California or you look like a hippie, they do profiling."
DeGuerin's advice for Nelson? "He needs to get a good lawyer," he says. "I wish him the best."(It's unclear who's currently representing Nelson.)
Texas personality (and perennial gubernatorial candidate) Kinky Friedman also believes agents overstepped their boundaries. "The real crime here is that it occurred in a county that is one of the headquarters of the Zetas," he says, referring to the growing Mexican criminal drug cartel. "These guys don't have bigger fish to fry? The Zetas are taking over their county and they're busting Willie Nelson. That shows a real lack of priorities."