Pubdate: Sat, 18 Nov 2000
Source: Lubbock Avalanche-Journal (TX)
Copyright: 2000 The Lubbock Avalanche-Journal
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Author: Brian Williams

FORMER OFFICER SENTENCED TO JAIL

A former Abernathy police officer was sentenced Friday to more than 
four months in jail for possession of marijuana.

In addition the 135-day jail term, the jury assessed Benjamin Buono, 
27, a $1,500 fine.

The three-man, three-woman Lubbock County jury deliberated about two 
hours Friday before announcing the sentence.

Buono was found guilty Thursday of a misdemeanor charge of possessing 
marijuana stemming from a traffic stop on Feb. 23. He still faces a 
misdemeanor driving while intoxicated charge from the same incident.

Buono's attorney, Artie Aguilar, said he would meet with Buono this 
weekend about the prospects of an appeal.

However, Aguilar said "Ben certainly respects the decision of the 
jury. I certainly share Ben's view.

"I have given Ben his options regarding appeal. It's a sad day for 
Ben's career."

Buono was pulled over by Lubbock-Cooper school district police 
officer Enrique Saldana who reported seeing him driving the wrong 
direction on a one-way street the night of Feb. 23.

He was initially charged with driving while intoxicated after failing 
field sobriety tests. He was fired shortly after his arrest.

The marijuana was found in the car Buono was driving during an 
inventory search after he was arrested for DWI. The car did not 
belong to Buono, and he said he didn't know drugs were in the vehicle.

Earlier this week, Saldana said he did not arrest Buono for 
violations for which state law permits an arrest by officers outside 
their jurisdictions. He said he observed other violations fitting 
those for which he could make an arrest.

Buono could have faced up to six months in the Lubbock County jail 
and up to a $2,000 fine.

A trial date for the DWI charge has not been set. Both cases are 
Class B misdemeanors.
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