Former little league presidents charged with embezzlement

CLOVIS — Money raised selling donuts and collecting registration fees that was intended for baseball uniforms may have gone instead toward tires, electric bills and other personal expenses of two former Zia Little League presidents charged this month with embezzling thousands from the organization.

Andrew Duran, 36 and Gabriel Montoya, 21, were arrested Friday and Monday, respectively, and each charged with third-degree felony embezzlement over $2,500. Clovis Police Det. Randy Pitcock charged Duran with embezzling $2,695 in funds from the league accounts and charged Montoya with embezzling $8,913.

“The charges are a terrible misunderstanding,” Montoya’s attorney Dan Lindsey told The News in a message. “We look forward to proving his innocence.”

Lindsey continued: “There are many innocent people that are arrested, (Montoya) is one of them.”

Duran’s attorney, Ben Herrmann, did not immediately respond Tuesday to requests for comment.

Duran was president from January 2015 to January 2018, while Montoya was vice-president by 2017 and “took over as President in February 2018,” records show.

The investigation started in February after the current Zia Little League baseball president contacted police, reporting that board members were “reviewing the bank records (and) finding a lot of money was being embezzled and didn’t realize it until now,” according to an arrest warrant affidavit.

That president told police of “numerous checks, transfers to personal accounts and ATM withdrawals ... not related to the league expenditures,” as well as an absence of receipts and allegation of altering bank statements.

Among those expenses were debits to auto parts stores and utility and cell phone bills, with the current president noting “the league does not have phone bills, cable service nor do they pay for city water or would need auto parts/supplies.”

The current board contacted Montoya about the allegations less than a month prior to approaching police and were told Montoya was “looking into it,” according to the affidavit.

Police executed a search warrant March 1 on Bank of Clovis account records for the accused and interviewed them in April and May.

“I told (Montoya) I will be up front with him it does not look good with all those transfers to his accounts and would look like or be believed that he was pulling money and using it himself. I asked him if that was fair to say that’s what it looks like,” Pitcock wrote in the affidavit. “(Montoya) said that’s what it looks like.”

Duran and Montoya each entered no plea in court appearances Friday and Monday, respectively, records show. Duran was released on a $3,000 unsecured appearance bond and Montoya on personal recognizance, each pending preliminary examinations the morning of Oct. 21, according to court records.