Pubdate: Thu, 28 Aug 2003
Source: Athens Review (TX)
Copyright: 2003 Athens Daily Review
Author: Jayson Larson
Bookmark: (Drug Testing)
Bookmark: (Cocaine)


A prosecutor for the second time is attempting to revoke the bond of
former Henderson County Sheriff's Investigator Bryan Nutt.

Special prosecutor Doug Lowe, who is the Anderson County district
attorney, on Friday filed the motion to revoke. Nutt, who has been
indicted for obtaining controlled substances through fraudulent means
and for retaliation, has been free on a personal appearance bond since
last December. Nutt was initially suspended and eventually resigned
his post as the Henderson County Sheriff's Department's narcotics

A hearing on the state's request has been set for Sept. 4 in front of
3rd District Court Judge Jim Parsons.

Lowe could not be reached for comment. John Youngblood, Nutt's
attorney, said he can't comment on the case.

In court documents, Lowe alleges Nutt has tested positive for
controlled substances, including cocaine, and that he is under
investigation for an assault on his girlfriend Aug. 10 in which he is
alleged to have threatened to kill her.

Lowe earlier this year attempted to have Nutt's bond revoked, citing
failed drug tests. The drug tests were ordered as a condition of
Nutt's bond. At that time, the court allowed Nutt to remain free, but
only under more stringent conditions. One of those conditions was that
he submit for drug tests each week at the Henderson County Community
Supervision and Corrections Department.

Included in the court documents filed Friday, CSCD director Ty Choate
writes to Lowe: "I believe it is clear from the continuing pattern of drug
use and from the continuing pattern of offenses involving violence that
(Nutt) is a threat to himself and others and would respectfully request you
examine this case and the supporting data and reach a decision on bring
[sic] this case to a full and immediate resolution."

Documents show Nutt tested positive in 12 of 15 tests administered by
CSCD from May 5 to Aug. 11. During each reporting visit, Choate says
in his letter to Lowe, Nutt denied using drugs or alcohol.
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