11/6/2009 10:05:12 AM

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By Janice Gregorson and Kurt Nesbitt
Post-Bulletin, Rochester MN 

A guilty verdict for a felony will likely end an Austin police captain's career. But his status as a school board member is unclear.

After six hours of deliberations, an Olmsted County jury returned a split verdict Thursday for Curt Rude, 50, who was accused of taking drugs from the department evidence room.

Jurors found Rude not guilty of felony theft, but guilty of felony fifth-degree controlled substance crime. They also found him guilty of interfering with property in official custody, a gross misdemeanor.

Judge Kevin Lund told attorneys he would look favorably on giving Rude a probationary or diversionary sentence which are sometimes given to first-time drug offenders. If the sentence would be successfully completed, the conviction could be removed from his record, a process called deferred adjudication, according to his attorney, Peter Wold. Sentencing is set for Dec. 21.

David Krenz, the superintendent of Austin's public schools, said the district will likely refer to the Minnesota School Board Association for direction on how to handle Rude's status as a board member.

"The law doesn't say anything about a stay of adjudication. It's silent on it," said Greg Abbott, spokesman for the MSBA. "It just says a person convicted of a felony can't serve and that's for people running for the board. A lot of this is gray area."

Prosecutor Ross Leuning said he does not anticipate Rude will be given any jail sentence, but could be ordered to pay a fine. His career as a police officer is over as well, Wold said.

Rude worked for the police department for 23 years before being put on unpaid leave of absence when the charges were brought two years ago.

Rude paced in the courtroom moments before the jury came back with its verdict shortly before 6 p.m. His wife, Peggy, put her head in her hands and cried as the guilty verdicts were read. Family members left the courtroom quietly. Wold said Rude would not make a public statement at this time.

"There are no winners in this case," Austin Police Chief Paul Philipp said in a statement, adding that laws apply equally to all.

Staff writer Tim Ruzek contributed to this report.

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