Judge Refuses to Dismiss Charges against Rust

TYLER — State District Judge Jack Skeen of Tyler has declined to dismiss charges against former Smith County Precinct 3 Constable Dustin Rust. According to KETK, Rust appeared in court Thursday morning for a hearing about his April indictment. Rust’s attorney filed a motion to dismiss all three cases against him, two felonies and one misdemeanor.

A courtroom reporter says the prosecution gave a written statement and signed agreement by Rust to Judge Skeen. In the document, the constable agreed to one year’s probation, admitting guilt, and paying about $7,600 in restitution. The prosecution also requested a pretrial diversion, which is an option of taking Rust back to court if he fails to meet those requirements, and for a dismissal. However, Skeen denied all motions made by the state. The judge has set the trial to begin Monday, October 1.

Controversy has swirled around Rust ever since he was indicted for misuse of county property. He is accused of using his deputies for a private security detail in Smith County neighborhoods. Last week, special prosecutor Lance Larison made a motion to dismiss the charges. Rust lost his race for Constable to Jim Blackmon and stepped down in early August.