The Merced County District Attorney’s Office has decided not to file charges against Merced City Councilmember Bertha Perez related to alleged threats reported in connection with her son’s ongoing criminal case.

Christian De Jesus Betancourt

The Merced FOCUS

This decision comes as a new formal noncriminal complaint has been filed at city hall against Perez, marking the third such complaint during her tenure on the City Council.

The Merced FOCUS reported in May that Councilmember Perez’s name was mentioned in a Merced police investigative report document involving the case of her son, Marcos Perez III, 39.

Marcos Perez was arrested in March on multiple charges related to the alleged sexual abuse of up to four children.

The District Attorney’s Office reviewed the issue regarding Councilmember Perez after the guardian of one of the reported victims expressed concerns to police detectives about her children’s safety. The guardian cited threats allegedly made by the local politician.

Merced County District Attorney Nicole Silveira told The Merced FOCUS in a text message the Merced Police Department did not refer the case to her office for the specific crime of criminal threats.

Still, her office decided to look into the threats allegedly made by Councilmember Perez, given the gravity of the charges her son Marcos Perez faces.

“We reviewed it out of an abundance of caution because the alleged conduct was related to an ongoing case with serious charges,” Silveira said. “Ultimately, (we) determined that the elements necessary to pursue charges of criminal threats were not met.”

Marcos Perez is currently in custody on multiple felony counts, including lewd and lascivious acts with a child under 14, continuous sexual abuse of a child, and aggravated sexual assault of a child.

The charges are based on a Merced police investigation that began earlier this year.

The Merced FOCUS reached out to Bertha Perez after the decision by the District Attorney’s Office. In response to the news, Councilmember Perez said, “I knew they would never file charges because I didn’t do anything criminal.”

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Formal Noncriminal Complaint Filed

While the DA has decided not to pursue charges, Councilmember Perez may have another issue to contend with.

Claudia Gabriela Corchado, deputy director of the nonprofit Cultiva Central Valley and an active community member, has filed a formal complaint against Councilmember Perez.

Corchado filed the noncriminal complaint – a City of Merced Discrimination, Harassment, and Retaliation Prevention Policy Complaint Form – at city hall on Aug. 6.

The formal complaint comes a few months after Councilmember Perez allegedly sent Corchado a threatening voicemail message, which was shared with The Merced FOCUS.

In the August complaint filed with the city, Corchado alleges Councilmember Perez has been engaging in ongoing verbal and threatening behavior through online communications and voicemails.

The complaint details allegations of personal and professional harassment, including threats of physical violence against Corchado and her sister.

Corchado alleges Councilmember Perez abuses her position to harass and threaten community members.

The complaint was accompanied by nearly 50 pages of supporting documentation, including screenshots of interactions between Corchado and Perez on social media, direct messages, and a voicemail transcript.

The Merced FOCUS asked Councilmember Perez about Corchado’s complaint. She characterized the complaint as lacking merit. “If anyone feels harassed, it’s me,” she said. “It comes with being a public official, so I take it with a grain of salt.”

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City’s Response and Potential Consequences

Corchado is the third person to file a formal complaint against Bertha Perez, who took downtown’s District 3 seat in Nov. 2020. Perez did not file to run for a second term.

Last year, car dealership owner Tim Razzari and real estate agent Terry Ruscoe both filed complaints against Bertha Perez, alleging she behaved inappropriately in separate incidents.

After those complaints were filed in 2021, the City Council abstained from imposing any consequences on Councilmember Perez for her alleged behavior.

How the City of Merced will respond to the latest complaint against Councilmember Perez remains to be seen.

Merced’s code of conduct and ethics expects council members to behave above reproach and avoid even the appearance of impropriety. It advises against abusive conduct, personal charges, or verbal attacks on others.

Jennifer Flachman, spokesperson and senior management analyst, confirmed the city had received Corchado’s complaint.

“The City is currently reviewing the complaint to determine if any action is needed,” she said. “Councilmember Perez’s decision not to seek re-election will not affect the management of the complaint.”

Flachman emphasized Merced’s commitment to maintaining a respectful environment at council meetings, guided by the City’s Values Statement and Ethics Code.

She also noted council members are required to undergo training under AB 1234 and AB 1661, which includes information on ethical responsibilities and harassment prevention.

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Perez Proud of Time on Council, Has No Regrets

During her phone interview with The Merced FOCUS, Bertha Perez reflected on her time on the council, highlighting her efforts in supporting affordable housing, youth programs, and local labor agreements.

She pointed to her support of specific initiatives, like using federal American Rescue Plan Act funds to pay water bills during COVID-19 and developing job opportunities for the local community.

When asked why she chose not to seek re-election, Perez emphasized her desire to pursue what fulfills her personally rather than what others expect. “I am living life one adventure at a time,” she said.

While Perez did not express any regrets about her time on the council, she did mention her efforts to elevate Hispanic representation.

“I was a big pusher for the Hispanic community… and we found success in that,” she said.

Marcos Perez III remains at the Merced County Jail on bonds totaling more than $1 million. A preliminary examination hearing scheduled for Oct. 8 will determine whether the case will head to trial.

About the Author

As the Bilingual Community Issues Reporter for The Merced FOCUS, Christian De Jesus Betancourt is dedicated to illuminating the vibrant stories of the Latino Community of Merced. His journey is deeply rooted in the experiences of migration and the pursuit of a better life.