Former sheriff’s deputy Jason T. Lei, accused of embezzling from the deputies union while acting as its treasurer, accepted a plea deal Wednesday that could land him in jail for up to three years and eight months.
Lei had been allowed to leave for the Philippines in recent months after he had left the country in 2010 around the time of the felony embezzlement investigation, only to return about three years later and face the charges.
The former sheriff’s deputy – accused in 2010 of embezzling nearly $13,000 from the deputies union before leaving for the Philippines and returning in June to face the charges – had a warrant issued for his arrest last week after failing to appear for a court hearing, according to records.
The judge, though, held the warrant until Wednesday’s hearing – to which Lei showed up – after the suspect’s attorney said he had a flight canceled due to weather.
At that hearing Wednesday, Lei, 40, pleaded no contest to two of the three related felony counts against him in the embezzlement case. As noted in court, Lei already has paid back full restitution, nearly $13,000, to the deputies union from which he embezzled the money.
Judge Steven Sanders, upon request from Deputy District Attorney Patrick Palacios, had Lei surrender his passport Wednesday.
“I was surprised to find out Mr. Lei was in the Philippines,” Palacios said.
Lei’s attorney attributed the prior residence in the Philippines to “business reasons,” while Sanders on Wednesday said he was “encouraged about” Lei’s presence in the courtroom for this week’s hearing.
Sanders noted how the penalty – a sentence hearing is set for Oct. 3 – could range from felony probation to three years and eight months in county jail. Although Lei surrendered his passport, Sanders did not order deputies to remand him. Sanders also mentioned that since Lei is not a U.S. citizen, he would likely be deported at the finality of the criminal matter.
“If I have to go hunting for you at the time of sentencing, I’m going to be less receptive to (probation),” Sanders said.
Lei had a scheduled court hearing Aug. 22 for an arraignment on information. He failed to appear, and Sanders initially 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 last week held the warrant until Wednesday 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.
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 last week, acknowledging her communication with Lei was limited to email.
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, unauthorized use of an access card and grand theft, which was dropped in the plea deal.
It still appears he may face 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.
