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The dark cloud wafting over Placerville will likely remain there a while longer now that former mayor and city councilman David Machado received his slap on the wrist. After pleading guilty to three counts last week including a felony count of conspiracy to commit an act injurious to public health, one misdemeanor count of conspiracy to commit a crime, to delay or obstruct a public officer and destroying or concealing evidence and one misdemeanor count of conflict of interest, our disgraced mayor was ordered to pay a token fine of $5,000 and perform 960 hours of community service.
Part of Machado’s plea agreement included his resignation from the Placerville City Council. Of course the noble act would have been to resign immediately following his arrest last year but we’re not talking about someone with noble character here.
An innocent man doesn’t plead guilty unless of course he’s cutting a deal with the district attorney or if you believe Machado, cutting his losses to avoid a costly trial. Forcing him to resign his seat at the city council table prior to accepting this plea deal was all for show. The clock was ticking on what little time he had left in office.
Judge James R. Wagoner really let the citizens of Placerville down. If there was ever any circumstance screaming for throwing the book at someone … this was it. Without exception, elected officials should always be above reproach. Seeing what Machado pleaded guilty to, one can understand there wasn’t much meat on the bone. At least not enough to serve any real prison time.
Machado owns several properties in downtown Placerville. In fact, his recent purchase and current renovation of property at 435, 437 and 439 Main Street proves he has the financial wherewithal to pay the $5,000 fine. It’s peanuts to Machado. No, the real slap in the face to Placerville residents is not having the pleasure of seeing Machado perform his community service hours in the community he besmirched.
I never realized paying your debt to society meant doing community service in another country. Shouldn’t Placerville benefit from Machado’s misdeeds? Why Mexico? The citizens of Placerville deserve better. Instead Mr. Machado gets to travel to Mexico, drink a few Pina Coladas and pound nails into a Mexican shanty.
And who verifies his time? Will chief probation officer Greg Sly travel along to keep an eye on our felon? We think not. Will he Skype him each week to monitor his progress? Or will members of his church bear witness to his hard work and sign off on his parole report? Well, at least he won’t need to worry about applying for proper building permits in Mexico.
All of this would be laughable if it wasn’t for the possibility that two children and their mother could have lost their lives in a fire caused by Machado’s negligence. Remember the rental property on Broadway with the improperly installed heaters? The ones he knew didn’t meet code. Being a crooked politician is one thing — causing possible harm to human life is another.
Perhaps the case against Machado wasn’t strong enough to prosecute. But this was one time the public would enjoy seeing a rotten politician pay through the nose to defend himself. In the end it appears Machado will be classified a felon for three years. If he keeps his nose clean he avoids a maximum of three years in jail. Whoopee!
Of course the judge will claim he was simply adhering to the sentencing guidelines for these types of misdemeanors — but it still smells. Seeing Machado picking up trash along the highway would at least portray him for what he is. Not to be. He’ll be spending his summer in Mexico with friends building homes.
Just how does this international community service gig work? Does travel time to his work assignment count toward fulfilling his hourly allotment? Let’s see, drive time to Mexico and back, siesta breaks and the time required for home construction means Mr. Machado will need to spend approximately four weeks in Mexico to complete his community service to Placerville.
Not bad time if you can get it. And apparently Mr. Machado just did.
Richard Esposito is publisher of the Mountain Democrat. His column appears each Wednesday.
Just one more example of the ‘Good Old Boy’ politics of Placerville. If ever there was a situation that deserved the maximum penalty, it’s being a slimy, dishonest, ‘the hell with the people’ politician, which Machado is, and always has been.
This should of gone to the AG’s office to start with like the Don Atkinson case did. It is because of this very thing that the political decisions outweigh the public concern. This case should of been handled outside of the the county and a stiff sentence handed down by the state. The county DA has already failed to protect the public from the corrupt Gob Gang for too many years and supported many for higher local office, these networks of Gob’s are the reason this area has a reputation for corruption. The smirking former Mayor is but one example of the one’s that got caught in the act, many of them retired at huge pensions after they were exposed and defeated and are still laughing at how they got away. Time for a new DA.
Shame on Green Valley Community Church for allowing him to even be involved!! I thought they truly had more respect for our community. Guess not!
From League of Women Voters of California
El Dorado County, CA. November 5, 2002 Election
Full Biography for James R. Wagoner:
“…Because criminal matters consume a large part of the court’s limited resources, it is crucial that you elect a judge with the experience necessary to enforce California’s complex criminal laws. I have that experience, as well as the experience to handle complex civil matters.
I have a strong and enduring commitment to protecting the public safety and well being of our community. I will be the kind of judge you deserve and expect. I will conduct my courtroom with patience, courtesy and respect. I will listen carefully and decide deliberately. I will be fair and impartial. I will be tough on crime and sensitive to the needs and concerns of crime victims…”
Google James R. Wagoner and this tops the list
http://cjp.ca.gov/res/docs/public_admon/Wagoner_DO_9-13-11.pdf
We all waited to see what would be the end result only to be shown that the money walks. The mayor should be held to a higher standard and he wasn’t and the DA should have had enough common sense to have given it to the AG. But as we have seen that’s not possible here and with the GOB’s firmly in place, it will never happen as they all give large campaign money.If only we could see just results we would have a great deal of respect for our elected but the truth is we can only hope and be cut short.
Mr Esposito, It’s apparent that you are clueless about this case. The heaters had nothing to do with the fire. It was a chimney fire that has been confirmed by everyone.
He will only work off a few of his hours building homes in Mexico the rest will come from performing service in El Dorado county.Your comment about Pina Coladas is pretty immature and childish. You make one correct statement. The case was not strong enough to prosecute otherwise the DA should have gone all the way.What would you do if you were charged with a crime and were facing huge legal bills. Remember the DA doesn’t have to answer to anyone about his wasteful spending. you might actually do what Machado did and cut your losses with a plea bargain.Another mistake you made is the felony plea. It will be expunged from the record in 18 months.Next time try and actually read the case.
Dear Scott, oops I mean Dave, you are slime, will apparently always be slime, and everybody knows you are slime. Having gotten away with being slime does not take away your sliminess. So go on down to Mexico (the community) and when you get back the folks down at the coffee shops where you slime around with your slimy cohorts will still burst into laughter when you slime out the door.
Dear Scott Smith AKA MACHADO
Stay in Mexico. It’s a good place for you! It will do all of us tax paying citizens in Placerville a favor.. to never see your ugly mug again, would be great! Don’t forget your sunblock
Here’s a link to all the public comments last night at the City Council Meeting. The majority of them were in regards to Machado’s plea deal, and how it would be nice if the City Council made a request to the powers that be to keep his community service in Placerville. http://saveourcounty.ning.com/page/gov-meeting-clips
yup, Deborah M, I’d know his voice anywhere. That’s Dave alright!
If I ever have to do community service, I think I want to do it in the south of France please EDC.
What a joke. Surly you should have to do it in the country where you committed the crimes. There should be a public outrage about this, and an independent inquiry.