Authorities did not require former sheriff’s deputy Jason T. Lei to stay in the U.S. during his felony embezzlement case – even after he had left the country in 2010 around the time of the investigation, only to return about three years later and face the charges.
The former sheriff’s deputy – accused in 2010 of embezzling an undisclosed amount of money from the deputies union before leaving for the Philippines and returning in June to face the charges – had a warrant issued for his arrest this week after failing to appear for a court hearing, according to records.
The judge, though, held the warrant until a scheduled hearing next week after the suspect’s attorney said he had a flight canceled due to weather, according to the defense attorney.
Lei, 40, had a scheduled court hearing Thursday morning for an arraignment on information. He failed to appear, and Judge Steven Sanders issued a warrant for his arrest, according to court records. The judge also ordered the forfeiture of $10,000 in bail from San Jose-based Bad Boys Bail Bonds and a separate insurance company in Texas.
Lei’s attorney Carolyn Keeley explained that Sanders on Thursday morning held the warrant until next week after she showed proof of the canceled flight. Keeley said her client had planned to attend the hearing and had a flight booked from the Philippines to the U.S. She said the flight was canceled due to a monsoon and that Lei planned to attend the hearing next week.
Lei was allowed to leave the country, Keeley said, because the judge had not made it a requirement as a condition in the case. Keeley said she would not have suggested it to the judge as the defense attorney, and that she had not heard the prosecution mention the prospect.
“He can go anywhere he wants as long as he shows up in court the day he’s supposed to,” Keeley said, acknowledging her communication with Lei is limited to email.
Keeley said she believes Lei will show up for next week’s hearing.
“There really was no incentive for him to come back in the first place if he didn’t want to take care of it,” she said.
Prosecutor Patrick Palacios, who is now overseeing the case, could not be reached immediately before publication to comment on the matter, while Lei has another arraignment hearing scheduled for 10 a.m. Wednesday in room 101 of the courthouse before Sanders. Spokesmen for the Hollister Police Department and sheriff’s office also could not be reached immediately.
His attorney has told the Free Lance that the former San Benito County Sheriff’s Office deputy in June flew to San Francisco International Airport, from the Philippines, and was taken into custody at the time as he had planned.
Keeley, who started informal plea-deal talks with District Attorney Candice Hooper before the June hearing, also contended after that proceeding that the former sheriff’s office deputy had been initially unaware of the arrest warrant issued in 2010. She said Lei had been in the Philippines when the warrant was issued and that he later realized it. Keeley has said Lei, who declined to comment after the June hearing, wanted to “do the right thing” by facing the charges.
At his warrant return hearing in June, Lei pleaded not guilty to re-start the court process. It was more than three years after the Hollister Police Department filed charges against him alleging embezzlement and unauthorized use of an access card.
At another hearing in July, he paid $12,867 in restitution to the district attorney’s office, according to court records. Keeley indicated Lei has paid the full restitution amount.
It still appears he may have been facing possible jail time, based on recent precedent. Former Hollister police Sgt. Ray Wood served three months in county jail after accepting a plea deal in February 2012 for embezzling from the Hollister police union. A judge sentenced him to six months in county jail, where inmates served standard half-time sentences.
In May 2010, Hollister police went to a residence in the unincorporated area of San Juan Bautista to serve a search warrant and felony arrest warrant in conjunction with the investigation. Lei was not located during the search, but investigators did allege finding evidence of a crime along with Lei’s personal property, including his vehicle.
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