Former Deputy District Attorney David Schubert has been sentenced to nine months in jail for felony crack possession. We previously discussed the case, but Clark County District Judge Carolyn Ellsworth took the notable step of denouncing the plea deal with Schubert as something of a sweetheart deal for the former prosecutor.
Schubert had achieved fame as a prosecutor in high-profile prosecutions in cases involving Paris Hilton and Bruno Mars. He was then arrested however buying a $40 rock of crack and being found with an unregistered handgun. Ellsworth denounced him as “a disgrace to his oath as a prosecutor and a lawyer.” She added that the original deal that would have given Schubert probation and a chance to clear his record “offensive” to the court and “special treatment” for a former prosecutor. That is a stinging condemnation for the prosecutors in the case.
The question is whether it was indeed a sweetheart deal. Hilton, 30, was given probation after being arrested with 0.8 grams of cocaine. The value is more than Schubert’s rock though crack has often received harsher sentencing. Then there is the gun plus the fact that Schubert held a position of authority and respect.
Schubert’s counsel said that he may appeal, though such challenges are often unsuccessful. This is not a particularly heavy sentence and Schubert is unlikely to be viewed with much sympathy.
Schubert is likely to be sent to a jail with added protection in light of his former position. Like former police officers, former prosecutors face dangerous conditions in jail.