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4 plead guilty in Sun Drywall case

Judge accepts plea agreements; sentencing set for August

By Jonathon Shacat
Herald/Review
Published/Last Modified on Thursday, Jun 12, 2008 - 01:09:53 pm MST

TUCSON — Four of the eight people charged in a case alleging that Sun Drywall and Stucco Inc. in Sierra Vista employed individuals who are unauthorized to work in the United States pleaded guilty in plea agreements during hearings Wednesday in federal court.

In March 2007, eight people were charged with conspiring to harbor or shield from detection illegal workers from Mexico and knowingly hiring or aiding in the hiring of the workers over a 12-month period.

On Wednesday, U.S. District Judge Raner Collins accepted plea agreements from four of them, including Edward Durgin, Joaquin Neave, Omar Reyes and Jose Gutierrez Tapia. He also scheduled sentencing hearings for them in August.

Durgin pleaded guilty to a misdemeanor for employing unauthorized aliens and continuing to employ illegal aliens. Neave and Reyes pleaded guilty to a misdemeanor for conspiracy to employ unauthorized aliens and continuing to employ illegal aliens.



The charges are punishable by a maximum fine of $3,000 for each unauthorized alien and a term of imprisonment of up to six months. Their plea agreements, which are similar, stipulate they will be sentenced to between zero months and six months in prison.

Tapia pleaded guilty to a felony charge of conspiracy to knowingly hiring at least 10 illegal aliens within a 12-month period.

The charge carries a maximum penalty of a fine of up  to $250,000 and up to five years in prison. His plea agreement stipulates that he will be sentenced to imprisonment for a range of between zero months and 33 months, depending on his criminal history. It also stipulates he will be fined $15,000.

His plea agreement is contingent upon guilty pleas of the other seven defendants in the case.

If any of the co-defendants do not plead guilty, the government reserves the right to withdraw from the plea agreement.

Durgin, Neave and Reyes will be sentenced during separate hearings on Aug. 25, and Tapia will be sentenced on Aug. 26.

The other four defendants in the case are Efrain Silvain Avechuco, Ivan Hardt, Carol Hill and Santiago Trejo Ramirez. Hill is scheduled to appear in court for a change of plea hearing on Monday.

On Dec. 12, 2005, Immigration and Customs Enforcement agents performed form I-9 inspections at the business.

Some 115 forms were inspected and agents notified Hardt and Hill that 11  of  the  forms  belonged  to individuals who provided fraudulent permanent resident alien cards and that they could not work there, according to the U.S. government.

Over the course of the next year, ICE agents apprehended most of the 11 individuals. They were still working at the business.

In 2006, about 30 individuals were apprehended and arrested for illegally working at the business, the government said.

The individuals were not presented for inspection on Dec. 12, 2005, but the vast majority of them were working for the business at the time.

In July 2006, ICE agents compared Arizona Department of Economic Security wage and reporting information with the total number of I-9 forms that were provided during the inspection. They determined that 329 employees worked for the business at the time, but only 115 forms had been presented.

Agents discovered some discrepancies, according to the government. For instance, seven individuals provided for inspection were not reported to Department of Economic Security, and 10 of the 329 reported to Department of Economic Security were not presented for inspection.

Also, agents submitted the 329 names to the Social Security Administration to verify if they matched with Social Security number records. Some 134 of them did not match.

Records obtained during the search revealed the business received “no match” letters from the Social Security Administration informing it that it employed almost 100 employees with Social Security numbers that did not match records, according to the government.

herald/review reporter Jonathon Shacat can be reached at 515-4693 or jonathon.shacat@bisbeereview.net.



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    JA McCoy wrote on Jul 9, 2008 9:59 AM:

    " In response to Don D
    Well Don, I’m real live construction worker who is also a drywall finisher “taper” by trade. Just to let you know and to clear this up for any one who doesn’t know, there are Americans willing to do these jobs. With one provision, they want higher wages than they received twenty five years ago. The use of undocumented workers is for one reason only, to increase the profits of the contractor and developer. Where I need a decent wage, an illegal alien will do the job for below minimum wage. "

    st sierravistan wrote on Jun 15, 2008 9:00 AM:

    " Dan D, while some may not be willing, I personally have built two of my homes (in my60's) yes it is hard work, but that way you are assured of quality work...I presently reside in a tract home built by those peeople you are talking about...the quality is appaling, the workmanship childish, the attention to detail is missing etc etc etc. When next we build, I will again do most of the work and oversee the rest on a daily basis. anything that cost $220K+ should be built well or not at all. "

    Marc wrote on Jun 12, 2008 8:40 PM:

    " We all know that hiring of illegal workers from Mexico as been going on for years. And continues to go on. Go around the work sites. The owner Ivan Hardt of Sun Drywall and Sun Canyon Homes is the real crimnal. He's like the majorty of the other contractors in this town. To cheap to pay decent wages. They ought also audit his taxes. "

    Mike wrote on Jun 12, 2008 7:29 PM:

    " To Brittanicus. Don't worry about the 9th District Court or haven't you been keeping up with the news. It seems Judge Alex Kozinski, chief judge of the 9th U.S. Circuit Court of Appeals is overseeing an obscenity trial in Pasadena. He has had to halt the trial because it is reported there is sexually explicit photos and videos on his own Web site. Oh by the way he was appointed to the 9th Circuit Court by President Reagan in 1985. He is not a far left liberal judge. "

    Don D wrote on Jun 12, 2008 7:11 PM:

    " Are any of you willing to bust your butts building the homes you all want? I am an ex const. worker and white, and I will tell you it is work. Most of you will not bust you backs to build the homes that are being built today. So if someone can not find anyone to work busting a** in the states, Then I say why not hire across the border so you can have your homes built. "

    Brittanicus wrote on Jun 12, 2008 6:08 PM:

    " Does the 'Supremacy clause' preempt federal law over the state, which will be interpreted by the 9th district court.? This is a far left liberal bunch of judges, who tend to rule against anything patriotic in its verdicts. This is going to be an illegal immigration decision, that is going to ring around the nation. Whether the momentum of states that have taken upon themselves to stop the infestation of illegal aliens. In the highlight is a river of sewerage who are suing Arizona. If this state has a right to, detain and convict illegal aliens. NUMBERSUSA "

    Whos next wrote on Jun 12, 2008 9:51 AM:

    " Ideal cars, Sun Drywall then ? "

    JB wrote on Jun 12, 2008 7:23 AM:

    " It will be interesting to see what kind of sentences are handed down. This is a precedent setting case and these people should be an example. Let's hope they all get the maximum and not the zero. "

    JudgeJoe wrote on Jun 12, 2008 6:29 AM:

    " They should take Tapia's Permanent Resident Card away and make him move back to Mexico. "

    The real criminals wrote on Jun 12, 2008 6:06 AM:

    " The real criminals are the owners, who knew and were warned about the illegals working there, and continuned to employee them. They should get the maximum sentences with no plea agreements. "

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