VISTA COUNCILMAN FRANK LOPEZ COULD FACE CRIMINAL CHARGES

VISTA COUNCILMAN FRANK LOPEZ COULD FACE CRIMINAL CHARGES

After months of investigation, the case against Vista city councilman Frank Lopez, Jr. and his wife wraps up with the San Diego Sheriff's department. Husband and wife own and operate a Mexican restaurant in Vista. They've been under investigation for allegedly writing bad checks over a period of 4 years.

"The case has been forwarded to the district attorney's office. It would be inappropriate for us to comment," Jan Caldwell said. Caldwell is the Public Information Officer for the San Diego sheriff's department.

"We can't confirm or deny that we have the case," District Attorney's spokesperson Paul Levikow said.

Lopez and his wife, Mary, have been under investigation for writing thousands of dollars in bad checks. According to search warrant documents, 92 checks totalling nearly $20,000 of insufficient funds had been allegedly written from July 2004 to December 2008. The sheriff's department also seized more than 100 pages of the restaurant's financial records from California Community Bank.

The two-term councilman and his wife, Mary, received the "Good Citizen" award for their commitment to the community. They own "Casa Linda" restaurant on South Santa Fe Avenue for 40 years.

Nearby merchant, Steven Castaneda is manager and owner of Tri City Pawn shop. Castaneda says Lopez is a customer who purchase items at the pawn shop.

"I'm disappointed because he should know better," Castaneda said.

This businessman says Lopez shouldn't be allowed to receive special treatment just because he's a politician.

"We're struggling to make ends meet, but at the end of the day we still pay our taxes and our employees," Castaneda said.

Vista city attorney Darold Pieper says the city hasn't seen the sheriff's report nor has anyone talked to Lopez about the criminal investigation. The city will wait to see if the district attorney's office will file criminal charges against Lopez and his wife.

"The status of councilman Lopez is not affected until such time, if ever, he were to be convicted of a felony," Pieper said.

Meanwhile, Castaneda says he won't pass any judgment unless Lopez is found guilty.

"It'd be fair for him to have a trial first. I mean he's not guilty until proven," Castaneda said.

Voters re-elected Lopez back in November 2008. The city councilman's seat is up for grabs in 2012. However, if he's found guilty on felony charges, he'll lose his seat. The city has two options: appoint someone to fill his vacant seat or hold a special election, according to city attorney Pieper. If Lopez is found guilty on misdemeanor charges, he gets to keep his city council seat until his term is up.

FOX 5 made several attempts to contact Lopez. As of this publication, we haven't heard back from the two-term councilman.