NOGALES, Ariz. - The mayor of Nogales and his father left jail for the first time in 10 days Friday evening after they posted bonds that had been reduced earlier in the day.
Judge Deborah Bernini decided to drastically lower the bond for Mayor Octavio Garcia-Von Borstel and his father, Octavio Garcia Suarez, after she reviewed more than 100 similar cases and held a hearing on Friday.
Bernini set the mayor's bond at $25,000 and his father's bond at $10,000. They posted secured bonds and left the Santa Cruz County jail about 6:15 p.m.
Garcia-Von Borstel is still mayor and plans to continue in that job, his attorney, Chris Scileppi, said Friday. He may preside over the next City Council meeting, scheduled for Wednesday.
The mayor and his father were arrested by FBI agents Sept. 28 after two indictments by a state grand jury. They have denied all charges and pleaded not guilty.
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In one case, Garcia-Von Borstel is charged with soliciting bribes, laundering money, having conflicts of interest and illegally conducting a business, based on actions he is accused of taking as mayor in 2009 and 2010. Prosecutors said he solicited bribes from businesses wanting to be city contractors.
In a motion filed Thursday, prosecutors said they have audio and video recordings of the mayor soliciting bribes and telling a business owner: "I can bring you business."
In the other case, the mayor and his father are accused of theft, fraudulent schemes, money laundering and illegally conducting a business, based on actions they're accused of taking in 2007 involving a money-order business. In the same motion, prosecutors say that the men stole $565,000 and that an unexplained $29 million moved through the business, Western Cash Express, in the 16 months ending in April 2007.
The judge's decision to lower bond went against the request of the state, which had asked for a $1 million bond for the mayor and $500,000 for his father. Prosecutors argued both defendants face significant prison time if convicted, and both have close ties to Mexico, where they could flee.
Friday's hearing took place in an overflowing courtroom in Santa Cruz County Superior Court. Bernini, a Pima County judge, is presiding over the case because both the defense and the prosecution requested a change of judge.
Bernini told attorneys she spent time this week reviewing the conditions of release set in 135 similar cases from Pima County Superior Court. She said that none of the cases involved an indicted mayor, but that in otherwise similar cases no defendant had a bond of more than $100,000, and in 55 cases defendants were released on their own recognizance.
Scileppi said the mayor has "extremely major ties" to the community that make him unlikely to flee. "He is still mayor of the city, and he intends to work for the city going forward," Scileppi said.
Scileppi and Garcia Suarez's attorney, Rafael Gallego, said both defendants knew of the investigation before their arrests.
Scileppi said of the mayor: "Knowing this investigation was going on, he could have fled any time up to when he was arrested."
On StarNet: Tim Steller will keep you up to date on this story with his blog, Señor Reporter, at go.azstarnet.com/ senorreporter
"He is still mayor of the city, and he intends to work for the city going forward."
Chris Scileppi, Attorney
Contact reporter Tim Steller at 520-807-8427 or at tsteller@azstarnet.com
