Judge won’t sentence former prosecutor

A District Court judge Thursday recused himself from sentencing former prosecutor David Schubert for drug possession because the judge felt he got off easy.

Judge Doug Herndon told Schubert, who cut a deal with state prosecutors and pleaded guilty to possession of cocaine, that he was getting a better deal than some of the defendants he had prosecuted.

After his March arrest, Schubert faced four charges, but after agreeing to plead guilty to cocaine possession, the other charges were dropped. A first-time charge of cocaine possession results in mandatory probation under state law.

Schubert, who was a 10-year veteran prosecutor who handled high-profile drug cases, including last year's cocaine busts of celebrity socialite Paris Hilton and pop singer Bruno Mars, resigned from the district attorney's office in April.

Both Hilton and Mars were sentenced to probation for drug possession.

Herndon, a former prosecutor, said he felt prosecutors should be held to a higher standard.

Schubert's case will be reassigned to another judge.

Meanwhile, Schubert is practicing law as a defense attorney.

According to Schubert's arrest report, a convicted drug dealer told police Schubert was a regular customer, buying crack cocaine two or three times a week for about six months.

Schubert was arrested after police stopped his BMW on March 19 near Desert Inn Road and Maryland Parkway and found 0.01 grams of cocaine.

The dealer, Raymond Streeter, who tried to flee from the car during the police stop, was not charged.

There are no indications that Schubert prosecuted any case involving Streeter.

Contact reporter Francis McCabe at
fmccabe@reviewjournal.com or 702-380-1039.