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Mexican restaurant owner's $3 million bond reversed, remanded

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The owner of a chain of Mexican restaurants in southeast Indiana charged with numerous crimes will have a lower bond after the Indiana Court of Appeals ruled a trial court abused its discretion in denying his motion to reduce his $3 million bond.

Dearborn Circuit Judge James D. Humphrey set Adolfo Lopez’s bond at $3 million surety plus $250,000 cash after Lopez was charged with corrupt business influence, conspiracy to commit corrupt business influence, four counts of forgery, all as Class C felonies, and four counts of Class D felony perjury. He faces up to 60 years in prison and a $100,000 fine if convicted.

Lopez was under investigation by State Excise Police who learned that the chain of Acapulco Mexican restaurants he owned might not have been reporting and documenting all sales. The Department of Revenue found sales were being underreported and revealed fraudulent Social Security numbers of employees. Search warrants were obtained for safety deposit boxes in Lopez’s name that revealed $3 million in cash.

Humphrey had a hearing on the bail-reduction motion but gave little weight to factors that weighed in Lopez’s favor, Judge Terry Crone wrote for the panel. The court was “troubled” by a ruling that didn’t account for the forfeiture of assets.

“We must emphasize that we are dealing with a constitutional right here, and the goal is not to punish in advance of conviction but to assure the defendant’s appearance in court,” Crone wrote. “Significantly, the State has already seized in excess of $3,000,000 from the search of Lopez’s safety deposit boxes. Nonappearance by Lopez jeopardizes his ability to eventually recover any portion of that large sum of money. This fact alone indicates that the risk of nonappearance is lowered and that the extraordinary bail set here is at an amount significantly higher than reasonably calculated to assure Lopez’s presence in court.

“We reverse the judgment of the trial court and remand with instructions for the trial court to set a reasonable bond amount based upon the relevant statutory factors,” Crone wrote in Adolfo Lopez v. State of Indiana, 15A01-1212-CR-550.

More than 100 other people initially were charged along with Lopez after raids in September 2012, but those charges have been dismissed except for those against Lopez and his brother.  
 

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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