MODESTO -- A former Stanislaus County sheriff's detective used deputies and department resources to help her manage rental properties, according to court testimony Wednesday.
Kari Abbey, 34, is accused of second-degree murder and voluntary manslaughter in connection with the shooting death of Rita Elias, 31, who was living in one of the rental homes Abbey managed for her father.
Abbey also has been charged with criminal conspiracy, embezzlement, cultivating marijuana, receiving stolen property and child endangerment. The embezzlement charge stems from allegations that she benefited from using Sheriff's Department personnel and resources without reimbursing the agency.
Mike Hermosa, an investigator with the district attorney's office, was the first to testify Wednesday on the second day of Abbey's preliminary hearing.
He said Abbey managed or owned 19 rental homes in the county as well as some properties in the Bay Area.
Hermosa testified that Abbey got on-duty sheriff's deputies to serve eviction notices to tenants in her rental homes, including a deputy assigned to the Stanislaus County Auto Theft Task Force. The investigator said Abbey did this without paying the department for its services.
Mark Smith, another district attorney investigator, testified that Abbey's co-workers said the detective spent about 50 percent of her work time conducting personal business related to her rental properties.
Smith said he searched Abbey's department-assigned silver Chevrolet Impala. In the trunk, he found "For Rent" lawn signs, sink faucets and a lot of paperwork from the rental properties.
Two community service officers told Smith that Abbey visited banks, insurance company offices and her rental properties while on duty. They said Abbey could be heard making calls related to her rental properties on her cell phone in her cubicle at the Sheriff's Department.
"There was no attempt to hide what she was doing," Smith testified.
Sheriff's Sgt. Larry Seymour, who supervised Abbey from March 2009 to January 2011, testified Wednesday that he never found the detective inappropriately conducting personal business during work time. Seymour, who was recently assigned to work as chief deputy coroner, was the first witness called to testify by the defense.
He said detectives are allowed to use comp time or flex time during their shifts for personal business, coming in earlier or staying later to compensate for the time spent on personal business. The sergeant said Abbey did this about once or twice a week.
During cross-examination, Seymour said it would be improper for a sheriff's employee to have deputies serving eviction notices without paying the department for its services. He said Abbey never told him about tenants reporting her to police, which violates department policy.
When Chief Deputy District Attorney Dave Harris asked Seymour whether Abbey informed him about everything she was doing, he said, "No, not everything."
Along with Abbey's alleged activities while on-duty, the prosecution's witnesses testified about her behavior as a property manager.
Hermosa testified that Abbey and her husband, Bennie Taylor, harassed the tenants at a home in the 700 block of South Santa Cruz Avenue in Modesto's airport neighborhood. Victor Quintana, who lived at the home from January to August 2010, told Hermosa he was behind on rent.
Abbey and her husband went to Quintana's home to ask for the overdue rent. Hermosa testified that Quintana tried to avoid Abbey, but he was punched and knocked unconscious by Taylor.
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