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FORMER PLACERVILLE MAYOR Dave Machado pleaded guilty to one felony and two misdemeanor charges Friday in El Dorado County Superior Court. Machado was given three years probation and $5,000 in fines. Democrat photo by Krysten Kellum --
Former Placerville mayor and councilman David Machado appeared in court Friday afternoon after reaching a plea deal with the El Dorado County District Attorney’s office, in which he pleaded guilty to three counts.
The first of the five original counts, perjury, was dismissed.
Machado pleaded guilty to count two, a felony count of conspiracy to commit an act injurious to public health, to public morals or to pervert or obstruct justice, or the due administration of laws, which was what Machado later called a “wobbler,” meaning it was a felony but will appear as a misdemeanor and be treated as such; count three, one misdemeanor count of conspiracy to commit a crime, to delay or obstruct a public officer (a building official) and destroying or concealing evidence; and count four, one misdemeanor count of conflict of interest.
District Attorney Vern Pierson took issue with Machado’s “wobbler,” however. “He pled guilty to a felony,” he said. “He can call it a wobbler, can call it anything he wants, but for the next three years, he pled guilty to (a felony).”
Count five, providing a substandard dwelling unit, will be held for 18 months, after which it will be dropped and expunged from his record so long as Machado does not violate his probation, Machado said.
“I’m not a felon,” Machado said in a phone interview after the hearing.
“But you just plead guilty to a felony,” Pierson told the Mountain Democrat later, after hearing what Machado said. He said that Machado is indeed a felon, despite what the former mayor and councilman said.
He was placed on three years formal probation and ordered to pay $5,000 in fines. Should he violate probation, he will be required to pay an additional $120 toward the restitution fund and face up to three years of incarceration. Attorney James Clark, after speaking with Machado, said his client would pay within 30 days. He was also ordered to serve 120 days in county jail or, alternatively, 960 hours of community service, minus eight hours served, which Machado’s lawyer, Clark, said he would likely spend helping to build houses over the next 36 months with the permission of the Probation Department. Judge James R. Wagoner suggested doing it within 18 months, but did not order it. Machado faced a maximum of four years, six months in jail and a $10,000 fine.
Wagoner also noted that Machado would not have restricted travel due to the misdemeanor charges, despite the “hybrid nature” of the felony changed to a misdemeanor. Machado, in one of the few times he spoke other than to affirm matters of the court, said he wanted to travel primarily to visit his son who lives in Oregon.
The charges arose after Machado, then mayor of Placerville, did not recuse himself from involvement with a redevelopment project that a rental property he owned was located in. The property later caught on fire, sustaining moderate damage but causing no injury to the occupants. He attempted to avoid obtaining proper permits and attempted to hide or destroy evidence of needing the permits. He also used his power as mayor to meet with the city council and rescind notices of non-compliance against his property.
An allocution statement was read by Clark for Machado saying that Machado was admitting guilt because he was in fact guilty and would take responsibility for his actions. He also said as the former mayor and councilman he was subject to “additional laws, and held to a higher standard” and that he “clearly overstepped” the law. As such, he resigned from his public office as councilman knowing he would be barred from ever holding a public office again, and that his resignation is connected to his plea. Machado later clarified that it was indeed a term of his plea to resign.
Machado, in a phone interview, called the plea a “negotiation” and “a big game, one with a successful conclusion.” He said the case was “very convoluted, very difficult and hard for (the DA’s office) to explain.”
He said that he was “quite willing” to reach a plea bargain, a process he started in January. “I was never going to go to jail,” he said. Instead, he agreed to the community service, fine and resignation.
“I was going to be out of office in November. They thought it was a major ding, but it’s late June, do the math. I don’t really care. I knew it would be a negotiating chip,” Machado said.
Deputy District Attorney Michael Pizzuti wrote in an e-mail to the Mountain Democrat that “it was always contemplated that we would not accept any plea without Machado resigning.”
Pizzuti also questioned Machado’s statements in court as compared to what he told media the previous day about his resignation.
“I understand he made some recent public statements that implied he had other personal reasons for resigning apart from the plea. I can’t speculate to what goes on in a person’s head to motivate a decision, but I would say this: If I’m in a burning airplane and jump out, then say to you that I jumped because I like to skydive, I’m sure you would be skeptical,” Pizzuti wrote. “Machado’s allocution statement read today in court makes it clear that his prior statement regarding resignation was untrue.”
Pierson also commented on the allocution statement, something he said is fairly rare to be heard on record in court. Machado said that he was forced to plead guilty rather than no contest by the DA’s office, and Pierson confirmed that.
“We made him plead guilty … we were insistant,” Pierson said. “He had to actually plead guilty, because he is actually guilty.”
As for his probation and community service, Machado said he will be working with EDCA Lifeskills and Green Valley Community Church, of which he is already a member, to build homes in Mexico over the summer.
“It’s something I’ve done in the past, and I was going to be doing it this summer, so I wanted to make sure it was OK, and the judge said it was fine,” Machado said.
Pierson again took issue with what Machado said. He said he could go to jail if he violates his probation, and that the 120 day jail sentence is “hanging over his head, at the approval of Chief Probation Officer Greg Sly.” Sly must approve of Machado’s community service, and if Machado violates parole, he could face up to three years in jail, rather than just 120 days.
One of the main reasons Machado decided to plea, he said, was to “save the cost of going to trial.” He elaborated that he would not have to “pay two attorneys, eight hours a day, plus prep time, and if you figure out how much, it’s a $30,000 to $40,000 expense. I avoided that. I’m very happy at the moment.”
He later said that “they say you can’t fight city hall, and it’s difficult to fight the DA’s office.”
The investigation into the case, which was handled by the DA’s office, was initially launched after a tip from a city employee, Pierson said.
As to why Machado pleaded guilty instead of no contest, he said the DA’s office “wouldn’t let me plea no contest.” He said, “It is what it is, it’s done, and now I can move on with my life.”
Machado said that his plea “boils down to a $5,000 fine and community service. If someone had told me that a couple of days ago, when I was on the city council, which is basically community service, that (for the plea) I’d be doing community service? Bingo.”
He said the case is “a bunch of nothing. All of this for community service and a fine.”
“It is a jail sentence, he’s just being permitted to do (community service) as an alternative sentence,” Pierson said. “He can try to minimize” the perceived impact, Pierson said, “but to go from mayor to where he is, a convicted felon and a proven liar, is not a lot of nothing.”
Contact Cole Mayer at 530-344-5068 or cmayer@mtdemocrat.net. Follow @CMayerMtDemo.
The Mountain Democrat does not necessarily condone the comments here, nor does it review every post. Read our full policy
BINGOJune 22, 2012 - 5:54 pm
Racked with remorse, former mayor David Machado’s terms his felony a “wobbler”, will pay a $5,000 fine, $120 if he violates three years’ probation, and will work off 960 hours community service building houses this summer in Mexico. “Bingo.”
questionJune 22, 2012 - 6:20 pm
Can one person alone engage in a "conspiracy"?
Vote Them OutJune 22, 2012 - 7:59 pm
It looks like time to the District Attorney out of office in the next election for, among other things, giving David Machado an incredibly good deal. All the charges were reduced to let him plead to just one count and after the probation period is over his criminal record will be cleared as if he did nothing. Who says that crime does not pay?
Totally WrongJune 22, 2012 - 9:27 pm
What a clown he is, he gets a sweetheart deal and he still has an attitude, dump the chump. He has always flipped off the system and now with this deal he says it's a nothing case. Well you bet it's nothing and just a conviction in the DA's win/loss record, sometimes a great deal for the suspect can be a lousy deal for the public. Crime does pay and if you have money you win and can buy a great disposition.
sergio mocksJune 23, 2012 - 5:25 am
well at least his wife stands with him
1036-FrankJune 23, 2012 - 7:32 am
At least if the AG handled it there would of most likely been time in state prison and not a wrist slap. The local DA should recuse his office from handling any local corruption cases as I have said before that there are too many political considerations and a desire to get a plea and dismiss most of the charges involved and justice is seldom done. For several high profile cases where corruption was/is involved, there should be state prison time mandatory, not plea bargained charges as rejected by the people and laughed at by the scoundrels. This is why corruption has plagued this county.
Bill RandallJune 23, 2012 - 1:47 pm
A half of a year of full time community service is no slap on the wrist for a financial crime. We do not have space in the jail anyway, as if that cost would be appropriate in this case.
Totally WrongJune 23, 2012 - 2:09 pm
There's plenty of room at the Inn, besides it warranted state prison not county jail and he needed to be held accountable not asked (Pretty Please) for community service. He was held to a higher standard not given a special deal. What he did and his attitude speaks volumes of what type of person he is. Throw the book at him not just a page or two, but this is how our DA sees his way of taking care of those who violate the law if you're a person of power. This will be reflected on the DA in the coming year and those who vote don't forget.
Chuck HollandJune 23, 2012 - 3:04 pm
I find it interesting Mr. Machado signed an allocution statement formally admitting guilt, then completely dismisses the fact that he committed crimes and violated the public's trust as an elected official. FYI, the Bee has the statement online, hopefully Monday the Mt. Demo will also publish it. Reading the comments above, keep in mind that with Re-Alignment of our prison system Machado would have never gone to prison even if he were sentenced to it. That means El Dorado County tax payers would pay for a vacation. However if he violates his probation, he then faces 3 years prison after pleading to a felony. It's no secret there's no love lost between Machado and myself, in the overall picture the tax paying public really wins here. Machado can NEVER hold public office again. He was "convicted" of multiple crimes. He was fined, and now must serve community service. The tax payer no longer is burdened with his prosecution, no trial, no paying for him to sit in jail etc. And the best part, he has to walk in shame as a "convicted" corrupt politician every morning on main street to get his coffee. I think the DA made the right choice here.
ViolatedJune 23, 2012 - 6:04 pm
Now why doesn't it surprise us that CH backs DA and the case results, oh well at least he has one supporter. Fact still remains that the case is a slap on the wrist and oh what did we expect
Vote Them OutJune 23, 2012 - 6:47 pm
Chuck Holland wrote: “The tax payer no longer is burdened with his prosecution, no trial, no paying for him to sit in jail etc. And the best part, he has to walk in shame as a 'convicted' corrupt politician every morning on main street to get his coffee. I think the DA made the right choice here.” Oh really? How many times has the District Attorney offered a sweetheart deal like this, all counts reduced but one, no jail time, and best of all for David Machado, his record will be cleared with good behavior during his short probation period? That’s right, this corrupt politician will have his record cleaned up, no ex-felon status for him. If not paying to have criminals “sit in jail” is a good thing, think, Chuck, how much money we could save by having all felons escape jail time? While nobody died as a result of what this dishonest man did, they could have. And having your personal property destroyed by fire can have a devastating impact on your sense of trust and security, not counting the value of photographs and other personal things that cannot be replaced by insurance money. Lying often and outrageously at that, who acted to undermine city laws this elected official was supposed to defend, is very serious. David Machado abused the public trust on a grand scale, subjecting the town to shame and ridicule. Do you really think Machado will hold his head on main street in shame or will he instead scoff at those views as he all ready has, proclaiming himself to have outsmarted the system by accepting this great deal while proclaiming innocence, stating that he accepted the DA’s bargain so as to save himself $40,000 to $50,000 in legal fees. That does not sound like remorse or a sense of shame to me. The District Attorney has sided with a number of judges and conservative political operatives to beat up on an incumbent judge in a nasty fight that undermines the independence of the judiciary and makes members of the local bar look petty and small. And now giving in to the powers of corrupt politicians is but just one more reason to vote him out of office. Whatever money the DA’s deal saved, the loss of trust in government has been far more substantial. It was not helped any by the city council’s press release that commended David Machado for his many contributions to the city. But isn’t that kind of like commending Joe Paterno and Jerry Sandusky for their more than 50 years of contributions to Penn State? Nope, I would say the DA made the wrong choice when it came to protecting public integrity and instead did much to help affirm the image of politics here as being the best money can buy. ,
Chuck HollandJune 23, 2012 - 9:20 pm
@VoteThemOut, Unfortunately the DA cant pursue every case he files seeking vengeance as you seem to wish would happen in this case. He has to weigh out what serves the best public interest, trial, plea, dismissal, etc. Imagine the back log of criminal cases if every case were taken to trial. The court system would be so over burdened it would take years to settle even the most petty cases. Not everyone can be dragged out on main street and hanged from the proverbial oak tree.
Vote Them OutJune 23, 2012 - 10:14 pm
“[T]he DA can’t pursue every case he files seeking vengeance... Not everyone can be dragged out on main street and hanged from the proverbial oak tree,” as Chuck Holland sees it. But neither I nor the rest of the outraged citizens of this city want vengeance. We just want justice, not a local criminal law system where there are different strokes for different folks, where those who have privilege and power escape the kind of treatment everyday folks would get. How many people who faced serious felony charges get to plead guilty to just one charge and then will get it dropped at the end of probation so he can emerge with that charge erased, giving them clean records as if nothing ever happened? From your experience, name just one high profile case where the crook plead guilty to a felony corruption charge entailing fraud and deceit and got the same special deal Machado got? The outcry over this super sweet special deal for a corrupt politician is that it was NOT the same kind of treatment that everyday folks would get for the same thing. So what if he agreed not to run for office ever again -- he had no change of ever getting elected again anyway. And David Machado got what he wanted from being in elected office, special treatment, seeking, for example, to have building inspectors look the other way while he put the lives and property of others in danger. The public did NOT get what they wanted, justice, fair and equal, and local government that is clean and honest. Those are the things that got hung on the proverbial hanging tree, as you put it. Yes, Christmas in June, Machado got a big gift early from DA Vern Pierson.
city is a jokeJune 23, 2012 - 11:42 pm
the good ole boy system in Pville wins again.What a joke. He uses his position to cheat and steal and does it with the blessing of his friends on the council then gets a slap on the wrist from his friends at the DAs office and the judge and then flips the whole city the bird and laughs at his so called punishment.They all need to go but that will never happen. The downtown association,the local developers and landlords and his other cohorts run this town and no one will stop them.
Good jobJune 23, 2012 - 11:55 pm
Green Valley Community church should be very thrilled that this idiot has made it clear that they are part of the community service scam he cooked up to beat the justice system.Christian charity to avoid jail.Jesus would be very proud.
S.O.C.June 24, 2012 - 4:57 am
OMG to say that the DA did a good job is a hoot, that Justice was served is a joke, that he is in shame is laughable and for anyone to think that the fix wasn't in, well I've got a bridge under water to sell you. The DA should just go back to Amador County and crawl back under the rock from which he came, none of the outcome in this case can be swallowed. Mr. Clark did a great job of making this plea a great deal and I hope he was paid well. This case went so far to undo public trust in elected members of the city council and the whole board should resign as they were part of it. The history of corruption by this man and the city is there for anyone to see and yet we are to believe that justice was served. The Deputy DA didn't take or make this deal without Vern knowing what was going on and as evident by his buddy's comments it was with his approval. How can anyone let alone the victims in this case accept this without being upset, this just serves as a reminder that we are looking for a new DA who knows the reason criminals are brought to trial. But even more reason to choose our Judges well as he approved this fairy tale and it's sad outcome, let's not forget this at the next election.
Robert B.June 24, 2012 - 1:43 pm
Dave Machado is human slime, and I'm not entirely sure about the human part. He has put his community to shame and put his ex-wife through hell and seriously endangered the lives of at least one family. Watch closely who appears in public with him, who goes for coffee with him, who goes for walks with him, who hangs around with him, who dates him: all foolish people, people who are also suspect just for the company they keep , if for no other reason. Birds of a feather and all that. There is a sizeable contingent who will never set foot in any business housed in a Machado property, and anybody would be a fool to rent from him. When you see him around town acting the fool, you see a dishonest cheat who has no regard for you whatsoever.
Susan ColeJune 24, 2012 - 8:35 pm
Very flippant, isn't he? Doesn't care about the city council, "do the math", he only has six months left. Maybe the DA didn't pursue justice, but certainly the community who is outraged can shun him. Have fun at Centro, Dave. And Green Valley church, is this your idea of a good christian? He gives all of you a bad name. This guy involved with the LifeSkills program? What a joke. He is the last person that those people taking the class should be involved with. Let him clean up litter, instead. He shouldn't be coming into contact with vulnerable human beings or animals, either.
Wake up Placerville residentsJune 24, 2012 - 11:41 pm
Dose anyone know who signed off the permits for Machado's rentals? There is a bigger picture, and a much bigger crook lurking in the community. I speculate that there are several public officials that the d.a's office needs to peruse. Why fry one fish, when you could probably fry ten? I know it costs money, but who cares when they are aiding and abetting Machado criminal activities. There has got to be 10 other individuals that made it all possible for Machado's to have his real estates. I hope that Machado gets his community service completed, then names all those that signed off, turned their heads and helped him get to where he was- prior to his rental fire. (Had there been no fire) Machado had help getting through the cracks. He didn't have the Fire department in pocket. Our community really needs to look into this! Machado did not do this alone.
Community service?June 25, 2012 - 8:10 am
The community service should be done locally, not in Mexico. Allowing it to happen outside the county, state, and country completely misses the point.
What a SystemJune 25, 2012 - 11:54 am
Shouldn't the COMMUNITY service hours actually be spent in OUR community, not Mexico? Gee, Mr. Machado seems so remorseful. I don't think he learned a damn thing, if anything he loves all of the attention. Isn't that what psychopaths and narcissistic people do?
What a SystemJune 25, 2012 - 11:55 am
I think the picture says it all!
Chuck HollandJune 25, 2012 - 1:35 pm
I've personally experienced the Placerville City Building department on numerous occasions. One thing I can say for them, John Brownlee is of the up-most of integrity and honesty. For the unnamed, no-credibility writers to make accusations the building official would act in such a capacity it outrageous.
questionJune 25, 2012 - 2:14 pm
If a conspiracy is a secret plan by a group to do something unlawful or harmful, who else was in Machado's group? Could it be that the DA's soft soap deal with Machado was worked out to protect others?
Frank OJune 25, 2012 - 5:09 pm
Isn't this interesting? His attorney James Clark quotes on his facebook page. Why such a secret for the media? Things that make you go Humm James S. Clark So yesterday I consumated a plea bargain in the Mayor of Placerville case. I had tried to get the open court session done without the media knowing about it. That was for naught. Apparently the DA's office tipped off the so-called journalists and they appeared like a bevy of vultures ready to pick my client's carcass clean. (My comments are not directed to Carlos Alcaya, the Sacramento Bee writer who is clearly a class act.) There was no concern for truth only advertising revenue. I guess that is what journalism's is all about anyway. I probably shouldn't be so naive. My primary gripe is about this news reporter from either Channel 10 or 13. Her hair and make-up was perfect. Her intelligence was another matter. As my client and I left the courtroom she blurted out the usual inane rhetorical questions to which she knew there would be no response. I sincerely hope that the viewing public doesn't buy that nonsense. If they do, well they are as smart as the reporter. Oh well basketball today and work in the pot garden. Thanks for reading my rant. Rock and Roll!
Madeleine SarahJune 25, 2012 - 11:20 pm
I'd love to save myself the aggravation and skip this but I just can't. First off, I've known Dave and his family for 15 years. I also knew his first wife that passed away. This leaving Dave to raise his then young daughter only in Elementary School and son on his own. He did an amazing job, and I think that speaks volumes as to his true integrity considering the horrible suffering they all went through losing a mom and wife. I'm not excusing any wrong doing and Dave might have been careless in many ways trying to survive and keep it all together for his kids but he certainly doesn't deserve to go to jail much less a Prison and leave them to be young adult orphans, I don't care if they are of legal age. I have a 21 and 23 year old and they are in no way ready to be in this big ugly world alone. Dave's not a violent criminal, nor does he have any previous history of wrong doing and to me unless you’re a violent Criminal you don't deserve to be in a place like prison where guards often look the other way and allow yet more violence. IF you don't know him, Dave can be a little rough around the edges, but let's face it, he's a man and if you take the time out for a little education you'll see that the male gender sometimes are not the best at getting their point across. Just read some of these ignorant, hostile and rude letters and that should be evidence of that in itself. The county is not in a great financial situation, a trial would have cost us thousands and thousands probably close to $50 thousand dollars in legal fees, with NO guarantee of winning --and for what? To ask Dave's daughter after losing a mother to now loose her father? As a Christian I think there is always a method to God's Madness. Please give some thought to this. Dave has to work for months for with no compensation, and NOT ONLY in Mexico, there is much more to this than meets the eye and plenty of community service work here in EDC. This is by no means a joy ride to him by your own admission and as you all so happily admit, this isn't going to be easy for him in this town with the 6 of you that continue to bash him. Regarding Mexico, c'mon, we can't house and support many more here in California, let's do something to help those in Mexico be able to survive there. I clearly don't have ANY understanding how you think the DA is easy. Good god, Vern Pierson sails kids that are barely of legal age down the river and many who are NOT EVEN legal age. It's about time he cut someone a fair deal because it's about the first time in 10 years I've seen it happen. You should be saying AMEN to something finally done right. Please put some of your own obvious deep rooted anger aside to look at this whole thing from another perspective.
Robert B.June 26, 2012 - 11:14 am
Yeah, a real whiz-bang dad, involved his son in his criminality. And the cost of a trial - "for what"? I'll tell you for what. For demonstrating that crime doesn't pay, and for deterring his buddies from - and him - from continuing to spit in the wallets of Placerville and El Dorado County taxpayers. That's for what. Today's Mountain Democrat editorial on this subject gets it just right. http://www.mtdemocrat.com/opinion/publishers-ink-machado-pays-the-price-doing-time-in-mexico/comment-page-1/#comment-162538
SHJune 26, 2012 - 11:55 am
Absolutely DISGUSTING. I cannot believe he got away with it. I'm embarassed and ashamed of our county today.. Somebody should charge the DA with obstruction of justice.
LAJune 28, 2012 - 6:52 pm
Be ready - Next we'll see "Pastor Dave" on TV asking for donations.
Wil DerksenAugust 20, 2012 - 8:40 pm
Wow!!! Commit a crime in Placerville, go to Mexico for 6 months and build houses? I mean, so much for community service to benefit the town he screwed over. Wallah!