FRESNO -- Retired Stanislaus County sheriff's Capt. Raul DeLeon appeared in federal court Monday morning to maintain his innocence in the face of mounting charges against him.
A federal grand jury returned a new indictment late last week that added two charges to a case against him that became public during the summer.
DeLeon, 51, retired from the Sheriff's Department in August. He was arrested in July on charges of making three false statements to investigators in connection with a complex racketeering case unveiled at the same time.
In that case, prosecutors say Robert C. Holloway III, a retired sheriff's deputy, and his son, Brent F. Holloway, 36, were involved in illegal dealings at Road Dog Cycle Shop in Denair. Prosecutors say Robert Holloway, 61, encouraged threats and violence against customers who didn't pay bills, operated a chop shop and extended credit to customers illegally.
The new indictment adds a fourth charge of making a false statement for DeLeon as well as a conspiracy charge, which bumps the penalties he could face up to $250,000 in fines and 25 years in prison.
The conspiracy charge "puts a lot of pressure on Mr. DeLeon," said his attorney, Paul Q. Goyette of Sacramento.
Goyette said federal prosecutors have offered DeLeon a plea bargain, but that "Mr. DeLeon is not interested because he feels very strongly that he didn't commit any form of misconduct."
Federal prosecutors declined to comment about the case Monday night.
DeLeon had a long law enforcement career, which began in 1974 when he was an Explorer with the Sheriff's Department. Over the years, he received many awards and special assignments. He became the commander of the Operations Division at the Sheriff's Department in the summer of 2006, overseeing the patrol and investigations units.
Investigators argue that DeLeon, through his role at the Sheriff's Department, learned about the investigation into Robert Holloway and his associates. According to the indictment, DeLeon relayed sensitive information to Holloway, and also knew about illegal activities at Road Dog Cycle but did not report them.
In the Road Dog case, which involves more than a dozen defendants and a range of charges, federal investigators recorded thousands of hours of phone calls to and from Robert Holloway's home.
In the new indictment, the grand jury cited three calls on Oct. 16, 2007, from 3:49 p.m. to 4:22 p.m., between DeLeon and an unidentified "co- conspirator."
Goyette said, based on his understanding, the alleged co-conspirator was Robert Holloway.
Two of the false statements charges relate to phone conversations between DeLeon and Holloway on that date.
In November 2007, prosecutors say, DeLeon denied to investigators that he told Holloway about a grand jury subpoena related to Holloway's wife, who was DeLeon's secretary, during a call Oct. 16.
On the same date, prosecutors say, Holloway told De-Leon that a friend was trying to hide illegal motorcycle club gear from officers. Prosecutors say DeLeon denied to investigators that Holloway told him this.
Were men friends?
Prosecutors also say De-Leon denied he was close friends with Holloway, although the men vacationed in Mexico together in 2005.
The fourth charge relates to an encounter between De-Leon and Holloway in September 2007. Investigators said DeLeon gave them a false account of the meeting, during which, they said, DeLeon told them he pulled over Holloway just to say "hello" while they both were driving on Keyes Road. Further information was not available.
DeLeon's trial is scheduled for April 7.
Goyette said prosectors likely singled out DeLeon because of his high position at the Sheriff's Department.
"There's an inherent discrimination against members of law enforcement," he said. "If Raul DeLeon was a grocery clerk, I would bet my house he wouldn't be getting prosecuted."
Bee staff writer Emilie Raguso can be reached at eraguso@modbee.com or 578-2235.
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