Former Fresno-area official pleads to embezzlement. Why he doesn’t have to pay it all back
Fowler’s former city manager David Elias was sentenced Monday to two years probation for illegally using more than $55,000 in city funds to pay for personal expenses including Blake Shelton concert tickets, San Francisco Giants baseball games and new tires for his wife’s car.
Elias, 60, was charged in the fall of 2017 with 14 felony counts of embezzlement by a public officer. He was facing up to 16 years in prison. But after multiple court continuances, Elias agreed to a deal by pleading no contest to two felony counts of embezzlement. The rest of the charges were dropped.
His defense attorney was Roger Nuttall.
Investigators discovered that Elias was claiming personal expenses were work-related by submitting doctored billing statements. When the statements would come in, Elias would only submit the total statement amount, intentionally removing documentation.
The full statements showed they were for concert tickets, sporting events, sports memorabilia and dinners in high-end restaurants.
At sentencing, Judge Jon Kapetan took into account Elias’ age and his lack of criminal history in deciding to grant him probation. As part of the deal, Elias will have to pay back $34,850 to the taxpayers of Fowler, a condition that pleased the judge.
“This is a very serious crime, he is a public official who betrayed the public trust,” Kapetan said. “But my main concern is that the city of Fowler is reimbursed for their losses.“
Kapetan asked prosecutor Amy Verzosa why Elias wasn’t being asked to repay the entire amount of what he’s accused of stealing. Verzosa said that although an audit found Elias misappropriated more than $55,000, the District Attorney’s office felt it could only prove he stole $34,850.
Elias, a longtime Fowler employee, was appointed city manager in June 2000. He retired from the city of Fowler in January 2017 after 29 years of service, including the last 17 years as city manager.
Verzosa, who pushed for at least one year of jail time for Elias, said many in the community were shocked to learn their trusted city manager was taking advantage of the city.
“He abused his position of trust, and as a city manager he was responsible for the proper and efficient administration of the city and was entrusted with city funds,” she said. “The city council, including the mayor, administrative staff, department heads, employees and the citizens of Fowler all placed their trust in him.”
Fowler city leader expresses ‘anger, frustration and disbelief’
Also appearing via Zoom at Monday’s hearing was Fowler City Councilmember Karnig Kazarian and city attorney Matthew Lear.
Kazarian said he couldn’t understand why someone like Elias, who earned a generous salary as city manager, would embezzle from the city.
“We would have liked full restitution, but we understand given the considerations of his case,” Kazarian said. “But I also feel obligated to express the general sentiment of anger, frustration and disbelief from the city of Fowler as to how a public officials can misappropriate taxpayer funds.”
Elias did not make a statement at his sentencing. He also still faces a civil lawsuit filed against him by the City of Fowler. The city is seeking damages along with civil penalties. A case management conference is scheduled for Sept. 9.
This story was originally published May 17, 2021 at 6:19 PM.
