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Fresno DA’s Office Explains How Slatic and Esparza Allegations Differ
The Fresno County District Attorney’s Office is defending its handling of allegations against former Fresno Unified trustee Terry Slatic, and how the case differs from that of another local public official, Nelson Esparza.
Slatic is accused of underreporting a meal from Superintendent Bob Nelson as a gift on his financial disclosure forms. The DA referred charges to the state’s political watchdog agency, the Fair Political Practices Commission.
“We felt that an administrative prosecution was the best avenue and that is primarily handled by the FPPC. That’s not something that my office normally does.” — Prosecutor Victor Lai
As soon as GV Wire published the story Monday, the move received heavy criticism.
“Good to know DA Lisa wouldn’t charge her friend and supporter again,” wrote Fresno City Councilman Miguel Arias — a staunch critic of District Attorney Lisa Smittcamp — on Twitter.
Navkaran Gurm, a Fresno County Democratic Party activist wrote on Twitter that “Lisa Smittcamp and @FresnoDA once again failed to file charges against Terry Slatic.”
Victor Lai, the senior deputy district attorney in charge of the Public Integrity Unit, says referring the case to the FPPC was the right move.
“We did not believe that any criminal charges could be pursued by our office, at least based on charges or proof beyond a reasonable doubt,” Lai said in an exclusive interview with GV Wire.
Slatic is accused of underreporting a Dec. 2, 2021, meal purchased by Nelson and exceeding the yearly limit for accepting gifts ($520).
The trustee — whose term expired Dec. 9 — said he is waiting to speak with counsel before talking publicly, KMJ radio host Philip Teresi reported Monday.
Although criminal charges may have been out of reach, Lai said, Slatic could still be in jeopardy for not submitting correct information on his Form 700 — the annual financial disclosure report for elected officials.
“We felt that an administrative prosecution was the best avenue and that is primarily handled by the FPPC. That’s not something that my office normally does. They’re much more experienced in that type of thing. So given that they have the expertise in that area and that’s all that we could reasonably go after in our opinion, that’s why the referral was made,” Lai said.
Lai said that his office does have the ability to file civil lawsuits, but says that is not his office’s “expertise.”
Related Story: In Seven Years, DA’s Public Integrity Unit Charged 15 with Crimes
Comparisons to Nelson Esparza Case
The case has been compared by critics to the DA’s handling of Fresno City Councilman Nelson Esparza. In July, Esparza was charged with a felony count of attempted extortion (later reduced to a misdemeanor by a judge), for allegedly telling the city attorney to “work only for the council majority” or face termination. A misdemeanor violation of the city charter was also part of the case. The DA dropped charges on Dec. 5.
Lai said there is a difference.
“The type of charges that Nelson Esparza was exposed to are not the type of charges that are handled by the FPPC and they’re not subject to administrative action. And that’s why they were in the province of this office,” Lai said.
“It comes down to what types of agencies handle what types of things. So that is a type of thing that is handled by the FPPC, whereas the charges surrounding Esparza were the type of thing that are handled by a local district attorney’s office,” Lai said.
Several left-leaning groups criticized Esparza’s prosecution, including the Fresno County Democratic Party. They cited a narrative that Smittcamp’s office only goes after Democrats, especially Democrats of color, while not prosecuting Republicans or conservatives.
She has denied those accusations.
Related Story: Smittcamp Interview: Why She Dropped Esparza Case
Other Cases Involving Fresno Politicians
In 2019, the DA declined to press charges against Slatic for a physical altercation with a student at Bullard High School. That case was not investigated by the PIU. Slatic is registered as an American Independent.
Also that year, a jury acquitted Assemblyman Joaquin Arambula, a Fresno Democrat, of child abuse. That case was not prosecuted by the PIU.
In 2020, Smittcamp’s office declined to charge Arias with battery stemming from an altercation with far-right protesters at Arias’ downtown condominium.
“The District Attorney’s decision to not pursue the baseless claims made by out-of-town agitators was the right one,” Arias said at that time.
