2013-10-10

LAS CRUCES " The former city employee accused of leading a scheme to bill the city for auto parts he allegedly used has been indicted by a Doa Ana County grand jury.

Albert Favela, 45, a former manager of the Las Cruces Fleet Management Section was indicted on 14 related charges last week by a grand jury at 3rd Judicial District Court. Favela faces eight felony counts of forgery and conspiracy, plus six counts of misdemeanor embezzlement, according to court records.

Authorities estimate that the actions of Favela and three former coworkers cost the city thousands of dollars.

Upon his August arrest, after a lengthy investigation by Las Cruces police and city officials, Favela faced 10 charges. By last week’s grand jury proceeding, prosecutors had tacked on additional charges: four counts of conspiracy to commit forgery, a fourth-degree felony.

Favela’s arraignment is set for Oct. 21, in front of 3rd Judicial District Judge Darren M. Kugler.

A whistle-blower tipped off city officials to Favela’s alleged crimes, according to a criminal complaint filed in Magistrate Court. Later, an internal audit uncovered the alleged “misappropriation” of auto parts and supplies under Favela’s control.

When city vehicles came in for service, investigators allege, Favela often ordered replacement parts " fuel pumps, shocks, batteries " that didn’t match the model and sometimes even the make of the city vehicle needing repair. At one point, according to the complaint, Favela “could not explain” why he bought shocks that would fit a Kia or Hyundai for a city Ford Crown Victoria that was being refurbished.

In that instance, one of Favela’s employees, Edward Tellez, told investigators the shocks “were possibly for a side job Mr. Favela had,” according to the complaint.

Tellez, 46, Inez Frank Giron, 34, and Christopher J. Bustamante, 45 are the other former city employees charged in connection to the case. Tellez and Giron each have two forgery counts. Bustamante faces one. Each forgery count is a fourth-degree felony. Their cases have yet to be presented to the grand jury, according to court records.

Officials from the 3rd Judicial District Attorney’s Office do not comment on or reveal names on upcoming grand jury proceedings.

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