King City Police Arraignments

Three King City police officers pleaded not guilty to various felony charges, including embezzlement, this afternoon. The pleas follow the February arrests of six city cops, several of whom are still awaiting arraignment.

At Monterey County Superior Court Retired Police Chief Dominic "Nick" Baldiviez and Officer Mario Mottu Sr. both pleaded not guilty to embezzlement by a public officer. The former chief is accused of illegally giving a vehicle formerly owned by the police department to Mottu Sr.

In another case, Officer Mark Allen Baker pleaded not guilty to making criminal threats against a resident of King City. The alleged verbal threats took place Aug. 13, 2013, according to Deputy District Attorney Doug Matheson.

On Feb. 25, a total of six King City police officers and one civilian were arrested in a massive sweep led by five teams, including the Monterey County Sheriff's Office, the District Attorney's Office and the Federal Bureau of Investigations. Several of those arrested—including Acting Police Chief Bruce Miller—are accused of running a towing scheme targeting undocumented, unlicensed Latino drivers. Prosecutors say the officers swung the towing to the chief's brother Brian Miller, who owns Miller Towing, and that some of the cars were given to the police.

The towing scheme is completely unrelated to the extortion charges Mottu Sr. and Baldiviez face, the two cops’ defense attorneys say. Mottu Sr. is being represented by Salinas attorney Richard Rosen. Baldiviez is being represented by Salinas attorney Tom Worthington.

"It's important to separate the Mottu-Baldiviez case from the other cases," says Rosen, adding, "It has nothing to do with ripping off poor people for their cars. Some people lump them all together. They should not be lumped together."

According to the defense attorneys, neither cop believed they were doing anything wrong. The Crown Victoria in question was a retired police car, the attorney says. While these vehicles are often sold at auction, Rosen says the police had another idea.

"They had recently seen that the Visalia Police Department had taken one of their retired cars and tricked it out like a lowrider and used it for public relations," Rosen says. "People loved it. It had rims and hydraulics."

Rosen continues, "They gave the car to Mottu for the purpose of him to trick the car out, and he did that with his own time and at his own expense. There were a lot of people who helped him."

The attorney says the car still has police insignias on it and had been shown at car shows around the county.

"This is not something you can drive around in public," he says. "It's not a street legal car. He couldn't use it to drive to the store and go on vacation."

Matheson says the DA's office doesn't want to comment until the cases proceed. Baldiviez and Mottu are due back in court on March 26. Baker's next hearing is March 19.

The rest of the defendants—Bruce Miller, Brian Miller, Sgt. Bobby Carrillo, and Officer Jaime Andrade—were set to be arraigned March 3, but those cases have been continued. The Millers and Carrillo will be arraigned March 18, and Andrade will be arraigned March. 17.

The Millers and Carrillo are accused in the towing scandal, and Andrade accused of possessing and illegally storing an assault weapon.

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