Yuma builder to stay behind bars: Judge

A Superior Court judge on Wednesday decided not to release or to lower the bond of a Yuma builder who allegedly took money for construction jobs his company never completed.

In making his ruling, Judge John Nelson said attorney Dale Wren, who represents Henry Abel Varela Jr., did not present any evidence that would warrant a reduction of the bond.

"This court is not compelled to lower a bond without any change in circumstances," Nelson said.

Varela, who is currently being held in the Yuma County jail on a $400,000 cash bond, has been charged with one count of fraudulent schemes and artifices, one count of illegally conducting an enterprise and 25 counts of theft.

Chief Criminal Deputy County Attorney Roger Nelson told The Sun that a defendant can seek to have their conditions of release modified whenever a change in the circumstances of their case occurs.

Varela's last condition of release hearing was on Jan. 5, when a judge lowered his bond, which was a $1 million cash bond, to the amount it is now.

In that hearing, Judge Larry Kenworthy ruled that while the court was willing to reduce the bond, he also felt a substantial bond was still necessary to ensure Varela's appearance at future proceedings since he did not own any property in Yuma and he had received a substantial amount of money.

"The court worries that there is assets or monies that are hidden away at some location that could provide a motive for the defendant to just abscond so he could have that available and be out of reach of this court and this jurisdiction," Kenworthy stated, according to a transcript of that Jan. 5 hearing.

This is the second time Varela has faced charges in connection to his family-owned construction business, Varela Manufacturing. In June 2005, Superior Court Judge Andrew Gould dismissed multiple theft and fraud charges against him and his son due to a lack of evidence.

The charges, however, were dismissed without prejudice, meaning they could be refiled at some later date.

Then in December 2005, the Yuma County Sheriff's Office hired a forensic accountant to re-examine the company's financial records and turned the results over to the county attorney's office for possible prosecution.

Later that same month a grand jury indicted Varela, along with his son Henry

Abel Varela III.

During Wednesday's hearing, Wren called Varela's sister, Henrietta Masias, to the stand. She testified about how her brother's businesses were suffering due to his incarceration and that if he was released to her custody he could stay with her in Balboa, Calif.

Wren also argued that Varela should not be considered a "flight risk" because he was present for all his court hearings the first time charges were filed against him.

Chief Criminal Deputy County Attorney Roger Nelson argued that Wren did not present any new evidence that would change the conclusion that was reached by the judge during the previous change of release hearing.

Problems for the Varelas began in early 2003 when customers of the company - many of whom were winter visitors - began to complain to law enforcement in Yuma that money had been paid for work which was either never finished or never started.

The 27 felonies include both charges based on the accusations from the 19 original victims from the previous case and charges from six new victims.

----

James Gilbert can be reached at jgilbert@yumasun.com or 539-6854.