Former Proctor cop sentenced to probation in drug case
Only former Proctor Deputy Police Chief Troy Foucault knows if he has an illegal prescription pill problem or if he was simply guilty of sloppily storing evidence.
Judge Dale Harris said Monday he wasn't sure the court got 100 percent of the truth from Foucault in the criminal case against him. Harris told Foucault, who also was a Proctor City Council member, that if a suspect gave the same version of events Foucault provided in explaining why prescription pills were found in his police desk, Foucault himself would be highly skeptical.
But the judge accepted the plea agreement Foucault reached with the St. Louis County Attorney's Office and sentenced the former police officer to a probationary sentence.
Foucault, 34, pleaded guilty in December to being in possession of an illegal short-barreled shotgun and entered an Alford plea to a charge of personally possessing morphine that was seized as evidence in a
Foucault didn't admit to the drug crime, but conceded there was sufficient evidence to convince a judge or jury that he was illegally in possession of morphine, a controlled substance. He resigned as the second-ranking member of the six-member Proctor police force after the charges were filed. His term as city councilor ended at the end of the year.
Before handing down the sentence, Harris asked Foucault if he had anything he wanted to say to the court. He did not.
Foucault received a stay of adjudication, which means the convictions will never be entered on his record as long as he complies with court-ordered sanctions as part of his probation, which will be two years with no remaining jail time.
Harris ordered Foucault to undergo a chemical dependency evaluation and follow any treatment required. He must also serve 120 hours of community service or 15 days in the Sentence to Service program.
Foucault must abstain from alcohol and nonprescribed mood-altering drugs. He is subject to random drug tests at his own expense. He was fined $300. A felony theft charge was dismissed as part of the plea agreement.
Assistant St. Louis County Attorney Karl Sundquist of the county attorney's office in Virginia prosecuted the case. Sundquist was assigned the case to avoid a possible conflict of interest because Foucault knew some of the prosecutors in the county attorney's Duluth office.
There were witnesses in police reports that said Foucault used illegal prescription drugs. Sundquist told the court that the chemical dependency evaluation is an important part of the plea agreement.
"I think there was a lot of minimizing of the actions of Mr. Foucault by Mr. Foucault," Sundquist said outside the courtroom after the hearing. "As I stated on the record, I think that unless he's open about that, unless he realizes that he should stop minimizing, he's going to be looking at a violation of probation. As the judge said, that will come out. And so the best thing I think he can do, and what I hope he does, is meet that addiction, if it's there, head on. And get well."
Foucault declined comment outside the courtroom after the hearing.
Foucault was represented by former Assistant Ramsey County Attorney Robert Fowler, who now specializes in representing police officers in criminal and labor cases.
"From the evidence I've seen he is not an illegal drug user or a prescription abuser," Fowler said. "We provided all kinds of evidence that he doesn't engage in that behavior. This is a fair resolution of the matter."