Defending Fresno restaurateur Bobby Salazar against arson charges will be costly
Veteran defense attorneys say defending Fresno restaurateur Bobby Salazar against arson charges will be a formidable task that could cost several hundred thousand dollars and may even require a change of venue.
“This is a big case,” said Peter Jones, of Wanger Jones Helsley PC in Fresno.
Salazar has made a name for himself with his casual Mexican food restaurants and his line of popular salsas that are sold in more than 1,000 retail outlets in 10 states.
But the 63-year-old Salazar is now facing up to 35 years in federal prison if he’s found guilty of commercial arson, arson in furtherance of a felony, and for obliterating the serial number on a gun.
Federal prosecutors accuse him of hiring the president of the Screamin-Demons Motorcycle Club from Sanger to burn down his restaurant on Blackstone Avenue north of Princeton Avenue. The insurance policy on the burned structure paid out almost $1 million, court records show.
Since his arrest Aug. 26, Salazar has been represented by a federal public defender, but he has said in court that he is trying to hire a private attorney. He also agreed to post a $1 million bond in exchange for being released from the Fresno County Jail.
Magistrate Judge Erica P. Grosjean gave Salazar a deadline of Sept. 29 to tell the court which attorney he has hired and provide proof he met the bond obligations.
Veteran defense attorneys told The Bee that regardless of who represents him, mounting an effective defense will be costly.
For starters, Jones said most defense attorneys will ask for a retainer of $25,000 to $50,000 up front. Also involved will be the hiring of investigators and experts to review the government’s case against the defendant.
“You are easily looking at a few hundred thousand dollars,” Jones said. “The costs add up quickly.”
Longtime lawyer David Mugridge said that given Salazar’s name is well-known in the Fresno County area finding unbiased jurors may be a challenge.
“His biggest problem will be finding a jury of his peers who don’t have a preconceived notion about him,” Mugridge said. “I would move for a change of venue. And that will also increase the cost of his defense.”
Salazar may have options for who defends him. But that decision also will depend on his ability to pay.
For those who can’t afford a private attorney, the court can appoint a public defender, or it can select from a panel of defense attorneys, if the public defender has a legal conflict.
In Salazar’s case, it’s unclear what he can afford. Federal prosecutors have argued Salazar has been dishonest about reporting his finances to authorities, noting he owns a Clovis home in a gated community and a condominium in San Francisco. Prosecutors said Salazar has an estimated $6 million in property equity.
“There is a presumption that he is well-financed and he can afford to hire an attorney,” Mugridge said.
Grosjean allowed Salazar to pay the bond with a combination of cash and property. If he is unable to pay the bond, he will be returned to jail to await further court hearings.
