Ex-police clerk avoids jail in theft of evidence

Erica D. Johnson

Tuesday, Dec. 17, 2002 | 9:05 a.m.

The former North Las Vegas Police clerk accused of stealing cocaine from an evidence vault won't go to prison because the substance in question was actually a cutting agent.

District Court Judge Joseph Bonaventure on Monday sentenced Geneva Kincaid, 41, to one year in the court's drug program and two years of probation.

Kincaid in October pleaded guilty to cocaine possession as a result of a plea agreement.

Her husband, North Las Vegas Police Lt. Michael Kincaid, was cleared in the investigation.

Geneva Kincaid was originally charged with drug trafficking and embezzlement after her 18-year-old stepson, Joshua, was arrested on drug charges. He told police he had stolen the drugs from his mother's purse.

Prosecutors thought Kincaid had stolen more than 40 grams of cocaine from the police department's evidence vault, but they amended the charges when they realized she had taken a cutting agent -- a white, powdery substance used to mix with cocaine, Deputy District Attorney Brian Rutledge said.

The substance Kincaid's stepson had stolen from her, however, was indeed cocaine, he said.

Rutledge said if Kincaid had actually stolen cocaine, she would not have received the deal and could have faced up to 10 years in prison.

"This is not some sweetheart deal because she worked for the police department," he said. "The facts were different than they originally appeared."

If she does not successfully complete the drug program and probation, Kincaid could face a four-year prison sentence, Rutledge said.

But the fact still remains that Kincaid, an employee of the North Las Vegas Police Department, thought she had stolen cocaine, Bonaventure said.

"The fact that the state couldn't prove their case doesn't make her any less culpable in her mind," Bonaventure said. "Here's someone you want to respect to take the criminals out of the system. You should be ashamed of yourself. What kind of a woman are you to do that? I could very well put you in jail."

Kincaid, who entered the courtroom using a cane, said she stole what she thought was cocaine because she was in pain after being injured in a car accident.

"I did it out of desperation, I guess," she said. "I was in a car accident and I'm still in pain. I didn't know what to do. All I can say is I'm sorry."

Kincaid, who has no prior criminal record, was suspended from the police department in February and resigned shortly after.

The drug evidence she was accused of taking was no longer needed for criminal prosecution and was slated to be destroyed, police said.