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A dramatic courtroom confrontation and other testimony Thursday signaled that other federal air marshals based in Houston could be part of an investigation that snared two air marshals on drug-smuggling charges. The confrontation came between a prosecutor and an air marshal who appeared as a character witness during a hearing before U.S. Magistrate Judge Stephen Smith to determine whether the accused marshals should be released on bail. Shawn Ray Nguyen, 32, and Burlie L. Sholar III, 38, both of Houston, are charged with conspiracy to possess with intent to distribute 5 kilograms or more of cocaine, which carries a sentence of 10 years to life in prison and a maximum fine of $4 million. Testimony in their detention hearing had indicated Nguyen told investigators that other air marshals might be involved in wrongdoing. Sholar had warned Nguyen while they were in custody that if he gave incriminating information about other air marshals, "his life wasn't worth anything," according to testimony from Stuart Maneth, agent with the Inspector General's Office of the Homeland Security Department. Assistant U.S. Attorney Mark McIntyre then surprised the defense by calling to the stand Patrick Hightower, one of four air marshals who came as character witnesses for Sholar. McIntyre thrust two altered travel documents in front of Hightower, forcing him to admit that he and Sholar had stayed together in a single hotel room and billed the government for two rooms. "Do you know that is fraud?" McIntyre asked. Hightower said he did. Although McIntyre said he had evidence of other instances of fraud, Smith cut off further questioning, saying that the issue was whether Nguyen and Sholar were flight risks and a danger to the community. During a break, Assistant U.S. Attorney Edward Gallagher said "no comment" when asked whether other air marshals are under investigation. Smith set appearance bonds of $100,000 with electronic monitoring for both defendants and ordered Nguyen to undergo psychiatric treatment. McIntyre and fellow prosecutor James Alston said they would appeal to a U.S. district judge. Smith said he would stay his order until Tuesday so the government can appeal. George Parnham, attorney for Sholar, put Sholar's wife, Deborah, on as a character witness. She said Sholar was a member of the Old Guard unit of the Army, an elite unit that guards the Tomb of the Unknown Soldier in Arlington Cemetery, before joining the U.S. Capitol Police in Washington, D.C., where he had top-secret clearance and was a member of the unit that shared responsibility for the president's security. He left the Capitol Police to work for the Los Angeles Police Department from 1996 to 2001, when he became an air marshal. Kent Schaffer, attorney for Nguyen, put family members on the stand who testified that Nguyen was on medical leave because of a neck injury and was being forced to leave his job as an air marshal. Nguyen's sister, Ann Richardson of Augusta, N.C., testified that he was depressed, worried about money and about his ex-wife's seeking an increase in child-support payments. McIntyre portrayed Nguyen and Sholar as dangerous, citing death threats by each. Maneth testified that Nguyen had threatened to kill a confidential witness if the informant exposed the air marshals, at one point saying, "If you tell anything, I'll put you to sleep, I swear to God." At another meeting, Nguyen suggested he and Sholar could kill with impunity, saying, "Homeboy and I can kill and get away with it," Maneth testified. |
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