Larceny added to charges against former Polk sheriff Abril

Published 3:11 pm Friday, October 9, 2009

The arrest stemmed from a complaint by Pam Johnson, owner of Elmo&squo;s Pub, and was supported by a witness.

Abril was previously charged on Tuesday by the Polk County Sheriff&squo;s Office with driving while impaired, possession of an open container in the passenger area and driving left of center.

He is scheduled to appear in court on those charges and the misdemeanor larceny charge on November 4.

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The former sheriff is currently on supervised probation after pleading guilty last year to two counts of solicitation to take indecent liberties with a minor, a felony. The charges stemmed from alleged incidents between 1987 and 1989 with two victims who were ages 10 and 11 at the time.

Abril was sentenced to two years in prison, but the sentence was suspended on the condition that he complete four months of house arrest, followed by three years of supervised probation and an additional two years of unsupervised probation.

Abril completed the house arrest earlier this year and was under supervised probation at the time of his arrest last week.

North Carolina Senior Deputy Attorney General James Coman, who prosecuted Abril in the rape case last year, says he plans to meet with the district attorney and probation officials to discuss Abril&squo;s recent arrests.

Probation officials will consider whether Abril has violated the terms of his probation and whether his two-year jail sentence should be activated. His supervised probation included provisions for drug and alochol testing.

The Polk County Sheriff&squo;s office also issued on Thursday a misdemeanor larceny charge against Jose Jamie Rosales Zavala, who was with Abril at Elmo&squo;s Pub on Tuesday, according to Capt. Chadd Murray.

Zavala, 24, did &dquo;willfully steal, take and carry away alcohol from Elmo&39;s Pub,&dquo; according to the sheriff&squo;s office. He is also scheduled to appear in court in November.