DANIEL CLIFTON • PICAYUNE EDITOR
BURNET — A Burnet County Sheriff’s Office investigator faces felony charges after he allegedly made false statements during an investigation of stolen wiring that landed two people in jail.
On Nov. 5, the Burnet County Grand Jury indicted Irvin Boshears, 61, on aggravated perjury and tampering with/fabricating physical evidence. Both are third-degree felonies punishable by up to 10 years in prison.
According to the indictment, authorities allege Boshears stated he recovered some stolen property while executing a search warrant Aug. 29. Based on that information, he was able to get arrest warrants for two individuals: Lelon Brooks and Cecilia Graham.
The indictment, however, stated a piece of evidence, described as a “reel with a ‘U’ or horseshoe” brand was not seized during the Aug. 29 search but “recovered at an earlier date before the search warrant was executed.”
Boshears’ indictment centers around an investigation that began Aug. 9 when officials with Apex Drilling, located in the 5500 block of U.S. 281 north of Marble Falls, reported the theft of two reels of submersible wiring.
According to an arrest warrant affidavit signed by Boshears and presented to the justice of the peace Aug. 30, investigators obtained information from a confidential informant that led to identifying suspects in the theft as well as the location where the suspects stripped casings from the copper wiring.
Apex officials reported another theft Aug. 19. According to the affidavit, an informant told Boshears the same suspects were involved in this theft and again had stripped the wiring at the same location previously reported.
On Aug. 22, a deputy attempting to execute an arrest warrant for Brooks on an unrelated charge at the man’s residence reported seeing stripped copper wiring and stripped wire casings in plain view, according to the affidavit.
During the past several years, Apex suffered many thefts of wiring, and, as a result, officials and Boshears came up with a identifying mark, a branded U or horseshoe, to be placed near the center of the wooden spools or reels, the affidavit continued.
On Aug. 26, Boshears obtained a search warrant for the property in question and executed it Aug. 29. According to the affidavit, Boshears found submersible wire casings and other materials consistent with the items reported stolen from Apex.
One item Boshears noted recovering in the affidavit Aug. 29 was a reel bearing the U or horseshoe brand. According to the grand jury indictment, however, this piece of evidence was found before the execution of the search warrant, though in the affidavit, the investigator stated it was recovered Aug. 29 under the auspice of the Aug. 26 search warrant.
Under the guise of the arrest warrant affidavits, authorities arrested and charged Brooks and Graham with the theft of the wiring from Apex. According to Burnet Count Jail records, the charge against Brooks has been dropped, but the status of Graham’s charges could not be confirmed.
The perjury indictment alleges Boshears made a false statement in the arrest warrant affidavit he presented to the justice of the peace and information was used to “provide probable cause for the arrest of a person.”
Under the tampering charge, the indictment alleges Boshears knew the wood spool or reel had not been recovered during the Aug. 29 search but still offered it in such a way as “with knowledge of its falsity and with intent to affect the course or outcome of the investigation.”
Boshears was booked into the Burnet County Jail on Nov. 8 and released the same day after posting a $25,000 surety bond.