On January 1, 2015, Des Moines, Iowa police officers Joshua Judge and Tyson Teut arrested 21-year-old Kyle Weldon on outstanding arrest warrants for theft and violation of probation. The officers charged Weldon with possession of amphetamine after they said they found a container of the drug in Weldon’s pants pocket.
On February 2, 2015, Weldon pled guilty in Polk County District Court to a misdemeanor charge of possession of a controlled substance. He was sentenced to 31 days in the Polk County Jail.
In December 2016, Des Moines police began investigating Judge and Teut following an allegation that the officers planted the amphetamine on Weldon. Judge and Teut quickly resigned from the police force and Polk County prosecutors announced that hundreds of their cases would be reviewed.
The prosecution notified the Iowa State Public Defender’s office and on January 19, 2017, the prosecution filed a motion to vacate Weldon’s conviction. The Wrongful Conviction Division of the Iowa State Public Defender’s office joined the motion.
“The guilty plea and conviction were based on improperly obtained evidence and misconduct by law enforcement,” the motion said. The prosecution did not disclose the evidence that showed the drugs were planted or how that evidence came to light.
On January 23, 2017, Polk County Associate District Judge Gregory Brandt granted the motion and the prosecution dismissed the charge. The following month, Weldon filed a state court lawsuit seeking compensation for his wrongful conviction. It was settled in 2019 for $35,000.
In August, 2017, Teut was charged with felonious misconduct and perjury. In June, Teut pled guilty to a misdemeanor charge of misconduct. He was sentenced to probation.
– Maurice Possley
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