County Auditor-Controller guilty of one charge
No verdict on felonies
EL CENTRO – A Superior Court jury on Tuesday morning found Imperial County Auditor- Controller Josue Mercado guilty of one misdemeanor count of willful disobedience of a court order.
Judge Poli Flores Jr. declared a mistrial on two felony counts of misappropriation of public funds after the jury was unable to reach a unanimous decision. The votes on those counts were 11-1 in favor of guilty, according to a source who spoke on the condition of anonymity and defense attorney Steven Honse.
“I’m pleased. It don’t matter. All we needed was one,” Honse said in an interview following the verdict. “In talking to the jury, they were split down the middle (at one point). It was a strong jury foreman” that swung more votes in favor of guilty.
The jury began deliberations on Friday.
“We do intend to re-try this case,” Deputy District Attorney Mario Vela said when asked his response to the verdict.
Flores set a jury trial for Jan. 11 but Vela said he has until 10 days after that date to request the trial to start.
The judge scheduled sentencing on the misdemeanor for Dec. 6 and the county Probation Department will prepare a pre-sentence report as a guide to what punishment should be imposed. Mercado, 44, faces up to 180 days in county jail as well as fines, but could also receive probation, Vela added.
Asked if he could speculate on what sentence might be imposed, Honse said, “I don’t know. The judge could send him to jail. But he doesn’t have a record. Even a short jail sentence would be humiliating, though.”
It is somewhat unusual for a judge to request a probation report in a misdemeanor case, he added.
The charges alleged that in October 2020 Mercado entered the county payroll system over which his agency has control and deleted a wage garnishment stemming from court-ordered spousal support.
Honse conceded in his opening statement Mercado was guilty of disobeying the court order by changing it. However, he insisted his client did not misappropriate public funds because those monies were destined for his wife’s divorce attorney and not the county.
“We told them from the beginning he violated the court order. He always told the truth,” Honse added in the interview.
Mercado, who is not in custody, remains in office, though his duties have been assigned to the assistant auditor-controller, who testified during the trial he has not been working. He was elected in 2018 and is up for re-election in 2022.
Mercado was also censured by the county Board of Supervisors in December 2020 for failing to fulfill some of the required duties of his office. He earns $130,102 per year plus a $550 per month car allowance, a county official said.