Former deputy gets jail sentence

CLOVIS — Handing a first-time offender 182 days in jail for a petty misdemeanor is a rarity.

But the state argued the position and public trust afforded to Chris McCasland justified it, and District Judge Drew Tatum agreed Monday afternoon by giving the former Roosevelt County sheriff’s deputy the maximum sentence for possession of stolen property.

McCasland, convicted in a Feb. 21 bench trial, attended in person with assisting counsel Tye Harmon, while defense attorney Dean Border, Chief Deputy District Attorney Brian Stover and three speakers attended via conference call. The News also attended via teleconference.

The charge arose from a New Mexico State Police investigation involving burglaries from 2014, when McCasland worked for the Angel Fire Police Department.

Burglary charges filed in Colfax County were later dismissed due to the statute of limitations. The 9th Judicial District Attorney’s Office charged McCasland with felony possession of stolen property last July, but later reduced the charges based on the value of the television in question — six years old when it was discovered.

Speaking against McCasland were Angel Fire Police Chief Brad McCasland (no relation), Roosevelt County Sheriff Malin Parker and ex-wife Kendra Gossett.

Chief McCasland said former Deputy McCasland did not live up to oaths of office he took for multiple departments.

“We are here today,” he said, “because Mr. McCasland violated that trust.”

Parker called McCasland’s actions a black eye to law enforcement during a time of scrutiny with national attention on cases of excessive force. He added the recent state legislative session resulted in laws he believes will hurt law enforcement.

“I think we need to hold bad cops accountable and send a message ... instead of the bad laws and knee-jerk reactions,” Parker said.

Gossett requested a no-contact order remain in place, as she said she feared retaliation from her former husband.

“Contrary to public opinion, I do want the best for him,” Gossett said. “He is the father of my children.”

Border said he has known McCasland — the son of Quay County Commissioner Franklin McCasland — since he was a child. While he was disappointed in McCasland’s actions, Border said his client has grown immensely since, and that he has been a scapegoat for mismanagement at the Roosevelt County Sheriff’s Office.

Parker issued a release following McCasland’s initial arrests naming him as a suspect in the 2019 disappearance of $8,250 from an RCSO evidence locker. McCasland was not charged in connection with the missing money. And a state police investigation highlighted evidence location and handling procedures so lax anybody working at the RCSO — or even former employees — could have been a suspect in the theft.

Border called the case a public sideshow for the district attorney’s office, which hung felony charges over his client for months until an 11th-hour decision reduced the charges and replaced a jury trial with a bench trial.

“The case is anything but strong,” Border said. “All they’ve proved was that he was in possession of a TV. The owner basically testified the TV had little value.”

Border said the case never would have happened if it wasn’t for Gossett, and noted accusations made for leverage in custody hearings. He also added he’s never had to put so much time into an argument for a petty misdemeanor.

“I don’t remember ever having a separate sentencing hearing for a petty misdemeanor,” Border said. “To put him in jail for this, a petty misdemeanor, is just not what our justice system says (is proper).”

Stover said during his arguments that while the charge was just a petty misdemeanor, it meant more because of McCasland’s position in law enforcement. Regarding Border’s argument of a weak case, Stover referenced the statute of limitations.

“If we had known six years ago,” Stover said, “they’d be felonies.”

McCasland, following Border’s request for a six-month suspended sentence, asked the court for lenience so he could be the best parent possible for his children.

Tatum agreed with the prosecution, and said he would issue the 182 days in jail with credit for any time already spent in detention. He referred to the law enforcement oath as “a promise to protect the community, and not engage in the conduct Mr. McCasland participated in.”

Tatum did not extend any no-contact order with the sentence, noting Gossett had other avenues to pursue it.

Border said he would file an appeal later Monday afternoon, and Tatum granted a $1,000 appeal bond for McCasland. Roosevelt County Detention Center records did not have McCasland as an inmate Tuesday morning.