Florida Attorney General Ashley Moody is asking the state Supreme Court to weigh in on a contentious legal dispute involving former Jackson County sheriff’s deputy Zachary Wester, who was convicted of planting drugs in vehicles during traffic stops.
The case centers on whether Wester should have also been convicted of racketeering under Florida’s RICO (Racketeer Influenced and Corrupt Organization) Act.
Last week, Moody’s office filed a notice with the Supreme Court, taking the first procedural step toward appealing a ruling by the 1st District Court of Appeal.
READ: Polk County Deputy Found Dead In His Davenport Home In Apparent Suicide
The appellate court upheld several of Wester’s convictions, including charges of official misconduct and false imprisonment, but struck down his racketeering conviction in a 2-1 decision, arguing that Wester acted alone in his crimes. The court ruled that Wester should be resentenced.
The appellate panel recognized the case’s complexity and its potential broad implications, certifying a question of “great public importance” to the Florida Supreme Court. The certified question asks whether the state must prove that a criminal enterprise involved at least two people working toward an illegal objective for a racketeering conviction.
The appellate court’s majority opinion, authored by Judge M. Kemmerly Thomas and joined by Judge Joseph Lewis, held that Wester’s actions, though facilitated by his role within the sheriff’s office, did not meet the legal definition of racketeering because he acted independently.
READ: Reckless Florida Man Arrested Twice In 10 Days For Driving Without A License
“Wester’s crimes were ‘inextricably intertwined’ with his law enforcement duties,” Thomas wrote, “but the evidence establishes that he acted alone and not in concert with others in the commission of these crimes.”
In contrast, Chief Judge Timothy Osterhaus dissented, asserting that Wester’s use of the Jackson County Sheriff’s Office’s authority, tools, and infrastructure to perpetrate his crimes fit squarely within the intent of the RICO Act.
“Wester leveraged the full authority and resources of the sheriff’s office — including his uniform, badge, patrol car, and arrest powers — to carry out a criminal scheme that activated the entire law enforcement system in Jackson County against his victims,” Osterhaus wrote.
Wester joined the sheriff’s office in 2016 and began planting drugs in vehicles during traffic stops, according to court records. His actions led to the arrests and prosecution of innocent individuals, often resulting in life-altering consequences for his victims. Wester’s activities were uncovered during an internal investigation into his unauthorized deactivation of his body camera.
In addition to the racketeering charge, Wester was convicted on counts of official misconduct, perjury, fabricating evidence, false imprisonment, and drug-related offenses. He was sentenced to 12 years and six months in prison.
Attorney General Moody’s notice to the Florida Supreme Court signals the state’s intent to challenge the appellate court’s interpretation of the RICO Act. The filing references the appellate decision’s acknowledgment of the significant legal questions at stake.
Judge Thomas, in her opinion, argued that the RICO Act was designed to address organized crime and that applying it to individuals acting alone could lead to “unintended results.” Moody’s office has yet to outline detailed arguments but appears poised to contest that interpretation.
READ: Florida Republican Seeks $17.4 Million Compensation For Tourist Injured In Clearwater
The Supreme Court’s decision on whether to hear the case could have lasting implications for how Florida’s racketeering laws are applied in cases involving individual actors within larger organizations.
Wester’s actions, described by the appellate court as “disturbing,” have drawn attention to abuses of power within law enforcement. The case has also sparked broader discussions about the scope of the RICO Act and its applicability to misconduct by individuals operating under the guise of institutional authority.
As the legal process unfolds, Moody and state prosecutors are expected to argue that Wester’s misuse of his position exemplifies the type of conduct the RICO Act was designed to address.
Please make a small donation to the Tampa Free Press to help sustain independent journalism. Your contribution enables us to continue delivering high-quality, local, and national news coverage.
Connect with us: Follow the Tampa Free Press on Facebook and Twitter for breaking news and updates.
Sign up: Subscribe to our free newsletter for a curated selection of top stories delivered straight to your inbox.