by 
Jayme Valenzuela
December 20 has been tentatively set as the date when the trial of former Superior mayor Jayme Valenzuela on theft charges will begin. Valenzuela stands accused of one count of theft (a class 5 felony) for making $2,300 in withdrawals for personal use from the Superior town debit card between August 2013 and December 2014.
The trial date was set at a pretrial conference on September 20 where Valenzuela appeared with his attorney Gary A. Husk of Husk Law Partners, Phoenix. Another pretrial conference is set for October 20 at the Arizona Superior Court at 175 W. Madison in Phoenix.
The case is being prosecuted by Assistant Attorney General Sheila Madden.
The alleged wrongdoing that resulted in Valenzuela’s indictment on July 8 came to light last December when former Superior Town Clerk Rachelle Sanchez told the Town Council of four undocumented withdrawals of funds made at ATMs from the town debit card at Valenzuela’s disposal. The auditing firm of Colby & Powell LLC verified in January that there were eight undocumented withdrawals and the Council ordered a criminal investigation.
Colby & Powell verified that two withdrawals made at the Wild Horse Pass Casino in Chandler, and the other six withdrawals occurred at various bank machines in Maricopa and Pinal Counties. And although Valenzuela has refunded the funds and ATM fees, the Special Investigations Section (SIS) of the Arizona Attorney General probed the matter and determined that charges were warranted.
As reported earlier in the Superior Sun, SIS alleged that Valenzuela, who carried the town debit card with himself instead of returning it to the Superior Town Hall between uses as was policy, used the town card on eight occasions when his personal banking card was low on funds and didn’t report any of the transactions.
Valenzuela has already paid a price for his actions. When he was indicted on the theft charge, he was terminated by the Pinal County Sheriff’s Office from his high-paid job as a commander in charge of contracts and supplies at the Pinal County Detention Center in Casa Grande. And on Aug. 30, he was removed as mayor of Superior in a recall election.
If convicted of the charges, Valenzuela could face a maximum penalty of 2 years/6 months in jail. However if the jury finds that Valenzuela’s refunding the misused funds within a month after the transactions became public to be a mitigating factor, he could get off with as little as probation, a spokesman for Arizona Attorney General Mark Brnovich said.
All defendants are presumed innocent until proven guilty in a court of law, the spokesman added.
James J. Hodl is a career journalist who has worked for newspapers, magazines and trade journals. A graduate of Southern Illinois University with a Bachelor of Science degree in Journalism, Hodl began his career as a reporter with the Palatine (IL) Herald and the Morton Grove (IL) Review before becoming editor of the trade publication Appliance Service News. In recent years, Hodl has had articles published in Consumers Digest, Good Housekeeping, Home Remodeling, Kitchens & Baths and Salute; and has contributed to trade publications serving the home furnishings, restaurant and casino markets. A native of Chicago, Hodl relocated to San Tan Valley in 2013.
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