Former Jackson County Deputy Zachary Wester awaits ruling from Florida Supreme Court

JACKSON COUNTY, Fla. – Arguing that he was “cloaked in the authority” of a sheriff’s deputy, the state Wednesday urged the Florida Supreme Court to reinstate a racketeering conviction against former Jackson County Deputy Zachary Wester for planting drugs in cars during traffic stops. 

The Attorney General’s Office went to the Supreme Court in December after a panel of the 1st District Court of Appeal ruled that Wester should not have been convicted on racketeering charges because he acted alone. 

The appeals court upheld Wester’s convictions on other charges, but it said he should be resentenced. 

In a 31-page brief on Wednesday, lawyers for the state disputed the appeals court’s interpretation of a state racketeering, or RICO, law. 

“Abusing the resources and authority vested in him by the Jackson County Sheriff’s Office, Zachary Wester planted drugs on innocent Floridians during traffic stops over a period of at least six months,” the brief said. “That constitutes racketeering under the plain text of Florida’s RICO Act. Wester’s pattern of crimes — evidence tampering and drug offenses that undisputedly qualify as RICO predicates —was made possible only through his direct employment and participation in an enterprise. RICO requires nothing more.”

But in the appeals court’s 2-1 opinion, Judge M. Kemmerly Thomas wrote that the racketeering law was written to address organized crime, and she said applying it to criminals acting alone would create “unintended” results. 

“Here, there is no question that Wester was employed by or associated with the JCSO (Jackson County Sheriff’s Office),” the opinion said. 

“Further, it is undisputed that he used the office of sheriff to carry out his crimes. That is to say, his acts were ‘inextricably intertwined’ with his law enforcement duties and facilitated the prohibited acts.

However, the evidence establishes that he acted alone and not in concert with any other individuals in the commission of the crimes ‘through’ a pattern of racketeering activity.” 

The opinion said Wester planted drugs in vehicles during traffic stops and then arrested people for drug-related crimes. 

After an investigation led to his arrest, Wester was found guilty on one count of racketeering, along with charges of official misconduct, perjury, fabricating evidence, false imprisonment and possession of a controlled substance and drug paraphernalia, according to the opinion. 

The Supreme Court said in June that it will hear arguments in the case, though it has not set a date, according to an online docket.