Oral Arguments for Tim Vasquez's Appeal Set for Nov. 6 in the 5th Circuit

NEW ORLEANS, LA — Former San Angelo Police Chief Tim Vasquez is slated to have his appeal heard in the 5th U.S. Circuit Court of Appeals on Nov. 6 at 1 p.m. in New Orleans. Vasquez is appealing his conviction on one count of bribery and three counts of honest services mail fraud concerning a $5.7 million public safety radio system commissioned by the City of San Angelo in 2015. He received a sentence of 15.5 years in a federal penitentiary in August 2022.

Post-sentencing, Vasquez has been residing in a medium security federal facility in Jesup, Georgia, where, according to friends, he leads a Bible study group for fellow inmates while concurrently working on his appeal with his defense attorney, Franklyn Mickelsen of Dallas. If the appeal falls through, Vasquez's release is scheduled for February 8, 2035.

Mickelsen has identified several inconsistencies concerning Vasquez's conviction. He pointed out that U.S. Attorney Jeff Haag didn't introduce the jury to Richard Wells, the affluent public safety radio dealer from San Antonio, who allegedly bribed Vasquez with $178,000. This was ostensibly to sway the San Angelo City Council to invest $5.7 million in upgrading the installation of Harris radios by Wells' company in 2014.

Mickelsen noted in a counter argument that the case significantly lacks any testimony from a co-conspirator or any form of documentation regarding the intentions of Daily & Wells, and Vasquez. Furthermore, despite Vasquez’s conviction and sentencing, Richard Wells of Dailey and Wells has yet to face any charges. During his closing arguments, Prosecutor Haag highlighted Mr. Wells' recurring method of bribing a pivotal government official to secure contracts, a modus operandi that has apparently reaped contracts far larger than the one in San Angelo.

Vasquez claims to have declined a plea deal offered prior to his trial, which required turning state’s evidence against Wells. He contends that the payments totaling $178,000 over a decade were not bribes but fees for 20 performances by his band, Funky Munky, at Dailey and Wells corporate events.

The lack of action against Mr. Wells is not the crux of Vasquez’s appeal. After his family raised funds for a new defense attorney in late 2022, another federal bribery case emerged involving the Dallas City Council, which reached the U.S. 5th Circuit. This case set a precedent, requiring a precise quid pro quo for a federal bribery conviction, rather than mere payments aimed at garnering favor.

Mickelsen argues that the Vasquez conviction lacked a specific quid pro quo. He stressed that the honest services mail fraud charges are tethered to the bribery charges, which, according to him, were erroneously framed. He states that the jury charge muddled the definition of bribery with that of a gratuity, the latter not qualifying as bribery under federal law.

Further, he contends that there's insufficient evidence linking the payments to any action Vasquez took in favor of Wells and his company. Mickelsen has requested the appellate court either to dismiss the conviction or overturn it, mandating a new trial at the federal district court.

The 5th U.S. Circuit Court of Appeals deemed Vasquez’s appeal substantial enough to warrant oral arguments, a rare occurrence. In 2022, out of 6,060 cases reviewed by the US 5th Circuit, only 831 were slated for oral arguments.

Tim Vasquez has been in custody since March 25, 2022.