EPISD Superintendent Released From Jail

El Paso Independent School District Superintendent Lorenzo Garcia wore a navy blue jail uniform with the words “El Paso County Detention Facility” emblazoned in white capital letters across the back when he appeared for his arraignment in Magistrate Judge Richard P. Mesa’s courtroom Tuesday afternoon.

Garcia’s hands were cuffed in front of him, with a chain connecting to cuffs to another chain around his waist. He wore bright orange slip-on shoes on his feet, which were chained together.

Garcia’s mood appeared somber and he mostly looked down at paperwork in front of him, occasionally giving brief, polite answers to Mesa’s questions.

Mesa said the arraignment would be a short hearing, in which he would explain the allegations, Garcia’s rights, and set a date for the next hearing. Mesa provided a summary of the four counts, then set bond at $50,000.

Garcia was represented by attorney Ray Velarde, who produced a check for $5,000, presumably the payment to a bail bond company to secure the release of Garcia. As a condition of bond, Garcia is required to go to his home upon release. He was also told to give up his passport.

Mesa was going to set an Aug. 12 hearing, but Velarde waived it. Velarde said he expects to go to trial in November or December.

The case is now assigned to federal District Judge David Briones. A docket call not yet scheduled will be the next event in the case.

Garcia, 56, was arrested by FBI agents at the district’s offices Monday afternoon.

ABC-7 obtained a copy of the indictment, which says Garcia’s personal relationship with his alleged accomplice dates back to September 2005. Garcia was hired as superintendent for EPISD in January of 2006, and began working Feb. 1.

In the indictment, prosecutors allege Garcia encouraged an unnamed co-conspirator to enter into a contract with EPISD pretending the services or products were worth $500,000, when in reality, they were worth $100,000.

As part of the scheme, the document states, Garcia and his accomplices led the board to believe the company was the sole provider of the services or products in order to avoid competition. The board approved a $450,000 contract on or about July 11, 2006, and the company, which is based in Houston, received two payments of $180,000 each in August of 2006, according to the indictment.

According to the indictment, the money was sent via the U.S. Postal Service, hence the mail fraud charges.

The indictment also states Garcia failed to notify the board that he had a personal relationship with the vendor and a personal financial interest in the company.

Garcia was released from jail shortly after 7 p.m. Tuesday. He had changed out of his navy jail-issued jumpsuit into a crisp white dress shirt and slacks. Garcia addressed the media as soon as he came out. “Thank you all for being here and for really caring about EPISD,” said Garcia. “Number one, our school district– we’re gearing up to start our new school year and we’re certainly going to be ready. At this point we’re just looking forward to moving forward. I’m glad that I’m out this evening, so we can continue to move forward.”

After that address outside the jail, Garcia handed over questions regarding the allegations against him to his attorney. “We intend to defend (Garcia against) these charges very vigorously,” said Velarde.

Hours before Garcia was let out of jail, Velarde sounded optimistic about his client’s future. After the 2:30 p.m. hearing, Velarde said, “(Garcia) is very much relieved and wanting to go back to work, so hopefully once this day is over it’ll give him enough time to get back in shape and hopefully tomorrow he’ll be able to go back to work.”

Garcia would not answer questions about when he would return to work at EPISD’s central office. At this point he is still the district’s superintendent, though the president for the EPISD Board of Trustees said they would be discussing Garcia’s status and duties as superintendent during their next meeting Thursday evening.

“We will continue the conversation on Thursday,” said Isela Castanon-Williams. “This was a shock to us. We had very little information (when Garcia was arrested) and we hope to have more information to share with the board so the board can deliberate its options.”

Garcia’s arrest also came as a shock to employees Monday afternoon.

EPISD sources said Garcia spoke at a workshop before his arrest. They said they saw about eight men with badges enter the room looking for someone.

According to the official news release for the indictment, which was unsealed Monday, Garcia has been charged with one count of conspiracy to commit mail fraud, two counts of mail fraud and one count of aiding and abetting theft from programs receiving federal funds.

“Today’s charges demonstrate the FBI’s unflinching commitment to the citizens of El Paso that we will vigorously investigate allegations of public corruption regarding elected or appointed public officials. The citizens of this community deserve to have a sense of confidence that their tax dollars are being spent efficiently for the public good and not for the private enrichment of a select few,” said David Cuthbertson, special agent in charge for the FBI’s El Paso Division.

The news release for the indictment states that, ”From February 1, 2006 until March 11, 2007, Garcia and others conspired to defraud EPISD by securing a $450,000 sole-source contract under false pretenses. The indictment specifically alleges that Garcia provided $5,000 to an unindicted co-conspirator (UCC) of which $4,000 was deposited into the UCC’s company bank account.”

The document also details how Garcia, who had a “personal relationship” with the UCC, convinced them to enter a contract with EPISD and to represent that contract $400,000 to $500,000 more than what the UCC believed it was worth.

According to jail records, Garcia was arrested shortly after 1 p.m. and is being held at the El Paso County Jail without bond. The release states that each of the mail fraud related charges and the theft charges contained in the indictment call for up to 20 years and up to 10 years in federal prison with a maximum $250,000 fine upon conviction.

Garcia is one of the highest paid superintendents in Texas. Garcia was hired in 2006 by the EPISD and, according to the Texas Tribune, Garcia is paid $300,314 a year.

Indictment for EPISD Superintendent Lorenzo Garcia:click here.

ABC-7 I-Team: EPISD Superintendent On List Of Highest Paid Superintendents In Texas

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