Madera Co. settles with illegal resident
DA accused of threatening jail over insurance deductible.
By Pablo Lopez / The Fresno Bee
(Updated Thursday, January 5, 2006, 10:20 AM)
Madera County has settled a federal civil rights lawsuit against District
Attorney Ernest LiCalsi by paying $162,500 to an illegal resident who
alleged that he was threatened with jail, deportation and bogus criminal
charges.
Honorio Quiroz initially asked for $1.25 million when he sued the county in
February 2003. His lawyer, Steven A. Geringer, of Madera, said Wednesday
that his client felt the county's offer was fair.
Quiroz, who worked as a dishwasher in Madera, has been paid and has returned
to Mexico, Geringer said.
LiCalsi, in response, said he was ready to defend himself in U.S. District
Court in Fresno, but county officials made a financial decision to settle
the case. "I had no control over the settlement," he said.
Regarding the allegations, LiCalsi said: "I feel I did nothing unethical or
illegal."
The lawsuit stems from a traffic accident on Oct. 16, 2002, when Quiroz's
car collided with a car driven by LiCalsi's son.
Quiroz, who was in the
United States illegally and does not speak English, was driving without a
license and insurance. He also gave a false name when he exchanged
information with LiCalsi's son, court records said.LiCalsi got in trouble when he asked his investigator, Fabian Benabente, to
track Quiroz down, court records said. Benabente found Quiroz and took him
to the District Attorney's Office.
Because LiCalsi speaks and understands limited Spanish, Benabente, who is
fluent in Spanish, acted as an interpreter.
At the office, Quiroz alleged in his lawsuit that he was threatened with
jail, deportation and bogus criminal charges if he didn't pay LiCalsi's $500
auto-insurance deductible.
Quiroz said he ended up paying LiCalsi $500 in two payments. LiCalsi denied
making any threats toward Quiroz or ordering Benabente to scare of
intimidate Quiroz. Benabente no longer works for the District Attorney's
Office.
Geringer said he too was looking forward to a trial, saying it was a case in
which Quiroz could have received nothing because he was driving illegally
and living here illegally.
Quiroz also could have "hit it out of the park" and received a substantial
sum, Geringer said, if the jury had found LiCalsi had used Benabente at
taxpayers' expense to resolve LiCalsi's personal affairs.
Fresno lawyer Rosemary McGuire, who represented LiCalsi, said it was "a
defensible case," but adding that settling was in the best interest of the
county.
She noted the settlement has a clause that says there was no admission of
liability or responsibility from either side.
LiCalsi said he hopes the settlement ends the emotional and financial
turmoil he and his family have had to endure.
The State Bar of California last July imposed a one-year public reproval on
LiCalsi after he pleaded no contest to an accusation that he agreed not to
prosecute Quiroz in exchange for a $500 insurance deductible payment.
At the time, LiCalsi said he chose not to contest the State Bar action
because he could not afford it. He also said he already had spent about
$45,000 of his own money to defend himself.
The State Bar also said LiCalsi, who has been Madera County's top prosecutor
since 1991, had no prior record of disciplinary action and that a wide range
of references attested to his good character.
Recently, LiCalsi prosecuted Patrick Booth in connection with the July 2004
violent home invasion of a Madera couple and their then 11-year-old son, who
was injected with methamphetamine.
A jury on Dec. 8 convicted Booth of 10 felony charges, including attempted
murder, burglary, robbery, and false imprisonment.
Booth faces a life prison term when he is sentenced Monday.
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This pisses me off on so many levels