As everyone who’s been following this blog knows, years ago three scam victims of Andy Esquivel banded together and filed a complaint alleging that Andy improperly sold them shares in a scam he was running at the time called “Xtagged”. This blog was instrumental in organizing those victims and served as a central distribution point for all evidence against Andy and his accomplices.
We all know the results: Andy plead guilty to two 3rd degree felony counts of securities fraud, spent some time in jail, a little more time in a mental institution, and was eventually ordered to pay his victims back over $13,000 plus interest. The outcome of case #111701135 has been the central theme of this website for years, but there’s a little known side story that everyone (including this author) completely forgot about.
You see, BEFORE the Davis County Prosecutor’s office formally filed charges against Andy, in fact before any of this was even in the hands of the Davis County Prosecutor, it was first handed over to the Utah Department of Securities. That’s right, for those of you who don’t remember, the ORIGIN of this case, immediately after the Bountiful police department, was a state agency specifically charged with enforcing state securities and exchange law.
The Utah Department of Securities (UDS) reviewed the evidence handed over to them by the Bountiful police department very carefully and made a recommendation for prosecution to the Davis County Prosecutor’s office. Before the first hearing was ever held in case #111701135, Andy was required to appear before the Utah Department of Securities and to try to explain why he shouldn’t face disciplinary action by that agency. Andy met with the UDS and along with Allen Brady, made a complete fool of himself. Video and blog posts about that meeting can be found elsewhere on this website.
The UDS proceedings were ultimately put on “hold” pending the outcome of the criminal case against Andy. Everybody forgot about it, including me! I did make note the Utah Raves thread that was the predecessor of this website explaining that UDS would be holding a hearing immediately after the case was resolved to determine what acton (if any) should be taken against Andy, but that was the last time anybody has said or posted anything about those proceedings…until now.
Hold onto your hats and sit down!
Unfortunately for Andy, the Utah Department of Securities DID NOT FORGET ABOUT HIM!!! Just as they informed Andy back in 2011, UDS did in fact hold a hearing immediately after Andy filed his plea deal in Davis County’s 2nd District Court. That hearing was held on March 25th, 2015 @ 9:00am and Andy failed to attend.
On March 25th, UDS Enforcement officer David Hermansen filed a “recommended order on motion for default”, to which the presiding judge responded in the affirmative. On March 26th, that motion was granted and a default order was filed.
What the order states in brief is that (a) Andy Esquivel did in fact knowingly sell “securities”, (b) that those “securities” were fraudulent, and (c) Andy is responsible for the consequences of his actions. The Utah Department of Securities therefore ordered that Andy pay $16,325 in penalties! $3,250 was due immediately, while the remaining $13,000 could be reduced on a dollar-for-dollar basis by proof Andy Esquivel was instructed to provide within 30 days of reparations payments made to his victims. In other words, by April 25th, 2015 (two years and seven months ago), Andy was required to prove that he had payed something to his victims or he would be liable for the full $16,250. Andy never provided any such evidence, because at that time he had in fact not paid a dime in reparations to his victims. Thus, the full judgment currently stands.
In addition to the financial penalties against Andy, he is barred forever from selling securities in Utah or having any dealings whatsoever with licensed securities dealers. That means all the fundraising efforts Andy is currently undertaking for Smiley Heroes are illegal and will very likely get him further disciplinary action by UDS.
Before I wrote this post, I was under the impression that including child support, Andy Esquivel owed approximately $29,291.03 in various judgements and fines for his criminal activity. Now I understand that the actual amount is $45,541.03!
Andy, if you are reading this, do yourself a favor and contact the Utah Department of Securities at (801) 530-6628 immediately to make arrangements to satisfy this judgement. Reference case#SD-11-0033.
I will be updating the total owed on the homepage to reflect this new information. I’m sincerely sorry for not following up on the UDS case against Andy. I don’t know why it slipped my mind. At least we know exactly how deep of a hole Andy managed to dig himself into. At the rate he’s going, it will take him nearly eight (8) years to dig himself back out…good luck!
Andy is flat broke. He is unemployed. He lives with his mom. He’s collecting a few hundred dollars a month in unemployment (see this unemployment report which Andy filed with the court in November). He’s got judgments against him of over $37,000, including $24,000 in back child support. He’s been convicted of two felonies and has only narrowly avoided jail time. Yet in spite of all this, Andy keeps playing with fire!
In Tuesday’s hearing before Judge Connors, Andy was presented with the facts. He owes over $13,000 in restitution and fines, he was allowed to make payments of $500 per month, he failed to make those payments (because he couldn’t afford it) and now he’s $1,550 behind. The judge is giving Andy a lot of rope. He gave Andy one last chance to make arrangements with the court after Andy blew off his probation. Andy was in a pickle. He needed to explain to the Judge how he was going to catch up in order to keep from going to jail.
Promise Judge Connors that he’ll have the entire $13,203.71 (and counting) paid off within the next 45 days. Here’s a guy who crying to ORS because he can’t afford to pay $460 a month in back child support, has no verifiable employment, doesn’t own a car (and doesn’t even have a valid Utah driver’s license, so he couldn’t drive one if he did), lives off of his girlfriend, and yet he’s promising the court that he can come up with $13k in a little over a month? Not only that, he’s literally betting his freedom on it.
So on February 28th, Andy is going to walk into a 2nd District courtroom and explain to the prosecutor and the Judge why (a) he lied to them about being able to cough up a wad of cash thick enough to choke an elephant, (b) why he hasn’t been making his agreed upon payments for the last four months, and (c) why they shouldn’t violate him to jail immediately and throw the key into the Jordan river.
GOOD LUCK with that, Andy.
Here’s the courtroom audio for those who are curious.
Andy apparently thinks this can go on indefinitely. He seems to have convinced himself that if he throws out enough BS and plays dumb long enough, the court will eventually get bored and let him walk. Unfortunately for Andy, courts are patient and courts are final. He may be getting a lot of rope, but that’s not for him to escape with – it’s for him to hang himself with. At some point (after the very last bit of doubt has been erased) the courts will clamp down and Andy will feel the sting.
In the meantime, Enjoy your freedom, Andy. You have 42 days to prove you’re real (which you’re not). After that, this blog is going to get really entertaining.
UPDATE: Andy showed up with eight hundred bucks ($800). Court audio coming soon.
As everyone who has been reading this blog knows, Andy Esquivel is a deadbeat dad. He has seven (7) illegitimate children by at least three different mothers and he refuses to take financial responsability for any of them. The four he lives with are supported financially by their mother because Andy refuses to get a job. One was taken from him by the state and placed in protective custody (later adopted) and his two oldest kids have been cared for by their mother with absolutely no financial support at all from Andy.
A few years back Andy was arrested and forced to stand trial for failure to pay back child support in Colorado. Rather than pay the required fines and serve court ordered community service (too much like a job for Andy) he fled the state and now lives in Utah. Two separate cases were filed against Andy for back child support here, One in Davis County, where Andy originally settled, and another in Salt Lake County, where he fled to avoid harsh probation terms for the three felonies that are the subject of this blog.
As of this writing, Andy owes $24,184 in back child support (leniently calculated as if Andy had earned minimum wage for the first 18 years of his first two children’s lives). He has been making payments lately (no choice there since he’s collecting unemployment and the state garnishes those payments to satisfy past judgments from state agencies like ORS), but those have barely made a dent in the amount he owes. For more details, see this unemployment report which Andy filed with the court in November which shows that ORS is taking half of Andy’s unemployment.
Here are the case files for the two child support judgments against him:
Andy is somehow convinced that the child support case against him is part of a conspiracy orchestrated by this website. Nothing could be further from the truth. We didn’t have two kids out of wedlock, and we didn’t force Andy to ignore his financial obligations as a father to his two oldest children. This website in fact has nothing whatsoever to do with Andy’s child support woes, we just report them as a matter of fact. That said, here is a video link Andy recently posted of himself trying to talk his way out of his obligations:
In this video you can hear Andy trying to convince ORS that he sent them a check for $5,000. In reality, Andy never sent the check, he merely posted a picture of a check online and argued that he should get credit for the posting. Apparently, Andy doesn’t realize that posting a picture of a check and mailing it to the state agency responsible for collections are two entirely different things.
Andy also reveals in this video that he hasn’t had a valid driver’s license since 2012. No wonder he can’t find a job – it’s hard to convince an employer to hire you when you can’t even drive yourself to work.
It is a shame that Andy finds it so hard to come up with the money to satisfy all the judgements against him ($37,386.95 in total, a small fraction of the amount he’s stolen or neglected to pay), but it’s his own fault. If Andy Esquivel would simply get a job his life would be a heck of a lot easier. Unfortunately, Andy is allergic to work and refuses to obtain gainful employment anywhere. He’s full of excuses and lies, but sadly lacking in common sense.
Andy, here’s a hint for you (since I know you read this blog) – if you get a job, ORS might take a little more money, but it’ll be a much smaller percentage of your paychecks. Just go to work like everybody else. In almost no time at all, you’ll find that your victims are all paid back, the court is satisfied, and ORS might even cut you a break on your payments. Grow up and the world will work with you! Keep being a jerk, and it’ll only get harder to stay out of jail.
Those of you who have been following this blog for the last…I don’t even remember how long ago this started…anyway, Xtagged fans will wonder why I even bothered to post this because it’s so redundant. That said, another warrant has been issued for Andy Esquivel’s arrest. Ho-hum, what else is new?
The warrant was issued yesterday by Judge Connors because Andy neglected to show up for his January 10th case review hearing. Cash bail has been set at $5,000, which means Andy cannot bond out. He has to cough up $5,000 in dead Presidents or they’re going to lock him up until Judge Connors has time to ask him face-to-face why he isn’t complying with his court managed probation.
For those of you who don’t read this page often, let’s review how we got here: Andy plead guilty to two felony counts of securities fraud. He was sentenced to two five-year jail terms, which were suspended on condition that Andy comply with certain conditions of his probation. Those conditions included (a) getting a job and (b) paying fines, restitution, and interest. Andy was assigned a few probation officers, but he screwed that up by giving his PO the finger online. The court was lenient and allowed Andy to continue court-managed probation, but the terms were strict – pay $500 per month OR ELSE!!!
A hearing was set for January 10th to review Andy’s progress. Unfortunately, Andy has made no progress, so it was more than likely that Judge Connors would have greeted Andy with handcuffs and at least six months in jail. Andy could have shown up and plead poverty (after all, he’s currently collecting unemployment), but he chose to skip court altogether and take his chances. He is currently $1,550 behind on his payments to the court, which is a bad thing.
“The Defendant is not present and is $1550 past due on his financial obligations. The Court orders a $5000 cash only bench warrant for his failure to appear.”
Another review hearing has been set for January 17th, at which time Judge Connors will probably order Andy in absentia to serve a bunch of time in jail. He’s collecting unemployment checks right now, so it isn’t as if the state will have any trouble picking him up for his date behind bars.
Personally, I don’t know what Andy is thinking. This isn’t so hard – get a job, pay your child support, pay your fines, and pay your victims back. It’s only $500/mo. so I don’t understand why this is so hard. Andy’s life would be so much easier if he would just bite the bullet and get in line. Unfortunately Andy just isn’t willing to grow up.
As you can see below, Andy has responded to this post, both here and on Facebook. It’s pretty funny actually – on the one hand, Andy claims that he’s too broke to pay his fines and reparations because he doesn’t have a job, is collecting unemployment, and half his unemployment is going to pay back child support. On the other hand Andy claims to have a full time job working “graveyards” as his excuse for not showing up to court on January 10th.
Andy, you can’t have it both ways. Either you have a job or you don’t. For my money, I’m betting you’re unemployed. The fact is, you can’t collect unemployment if you are working “full time”, and you yourself admitted that you’re collecting unemployment, so…
I understand your dilemma. If you’re working, then you can afford to pay the court the money you owe. If you’re not working, you can plead poverty to the court, but you can’t afford to feed your family and you risk going to jail for a very long time. It’s a risky game you’re playing. I for one suggest you (a) get a job and (b) tell the court exactly where you are working (c) provide proof of your gainful employment and (d) start paying your fines. It’s the only way you’re going to stay out of jail.
Andy is apparently not smart enough to realize that he’s been convicted of two felony counts of securities fraud and that he was sentenced to up to five years in state prison per count. The court was incredibly lenient on Andy and in lieu of prison, allowed him to enter a program administered by Utah Adult Probation and Parole (AP&P). The conditions of his probation were simple; pay your victims back, pay some fines, stay off drugs, get a job, and basically become a functioning member of society. All that was apparently too much for Andres ‘Andy’ Esquivel to handle, and he’s on his way back to jail.
Andy refused to keep his AP&P appointments, he failed drug tests, he blew off mandatory psychiatric and substance abuse counseling sessions, he lied about his living arrangements (which he was required to report as a condition of probation), he failed to get a job, he missed promised reparations payments and of course he antagonized his probation officer via email and online…a really dumb move!
As a consequence, on June 6th Andy’s probation officer filed a scathing violations report with the court explaining (in detail) Andy Esquivel’s pattern of non-compliant behavior. The full violations report can be found here [PDF]. The violations report was followed by a cause report in which Andy’s probation officer frankly recommended that Andy’s probation be revoked and that he be ordered to serve time in prison. That recommendation was detailed in this cause report submitted by Roman Hentish immediately after the violations report [PDF].
Judge Connors concurred with the AP&P cause report and on the same day, signed this cause order requiring Andy and/or his public defender to appear before the court and explain why his probation should not be revoked and Andy should not be sent to prison to serve his two five-year sentences [PDF].
As a condition of his probation, Andy Esquivel agreed to re-pay his fraud victims. The amount he was ordered (and agreed) to pay was $13,000. To date, Andy has repaid $1,590…which is far below the amount he owes. Unfortunately for Andy, he was dumb enough to verbalize to AP&P (and this account is transcribed in AP&P’s report to the court) that he no longer agrees with the court’s decision regarding reparations and intends to drag out repayment as long as possible so that he can potentially get out of it. I know, right? What kind of idiot actually says that to an appointed officer of the court? So the bottom line is Judge Connors has now seen and signed documents which quote Andy Esquivel expressing utter contempt for the court and for his own promise to re-pay his victims.
So where does Andy go from here? Jail, most likely. I don’t think Andy will ever wise up and realize his life would be so much easier if he would (a) keep his mouth shut (b) pay his victims back (c) get a job and (d) stop scamming people. Why does Andy find this so difficult? Because he’s STUPID!!!
Update: Sentencing hearing delayed until July 12th @ 10:30am.
A $25,000 “CASH BAIL” warrant has been issued for Andy Esquivel’s arrest. The warrant was issued due to probation violations by Andy. “Cash Bail” means that Andy cannot get a bail bond for his release. He must come up with $25,000 in cash in order to stay out of jail.
This is a very serious situation. It means that Andy is subject to incarceration on sight by any officer in the state of Utah and he will remain in custody until he agrees to repay his victims. Even if he agrees to pay his victims back, he will remain in jail for at least 30 days plus the amount of time it takes for a judge to get around to hearing his case.
The progress report is most telling. In it Andy’s probation officer details not only Andy’s basic violations, but also his utter lack of respect for the law.
“A person’s behavior reflects their thinking, values and beliefs about themselves, others, and the world around them. Mr. Esquivel demonstrates a disregard for the feelings of others and a reduced ability to experience guilty shame. He is superficially charming and has shown a disregard for rules. He victimizes others to satisfy his own needs and expresses rationalizations for law violations.” – Roman Hentish, Supervising Officer
That is now in the official record and will accompany the recommendation by AP&P that Andy be returned to jail.
A judgement has been entered by the State of Utah onto Andy Esquivel’s record requiring him to pay $14,300 in fines and restitution for his Xtagged scam. Andy must submit to DNA, drug, and alcohol testing as a contrition of his probation for the next 36 months. He also needs to get a job. It’s been a long road, but Andy Esquivel was finally brought to justice – in no small part BECAUSE OF THIS WEBSITE!!! The conviction of Andy Esquivel is bitter-sweet in that only three of his numerous victims came forward to press charges (representing a little over 10% of the total money consumed by his various scams), but the results are very nearly the same. Andy’s mental infirmities and propensity for criminal behavior have been documented permanently for the record and future victims will avoid losses because of our efforts. Furthermore Andy’s existing victims have been publicly vindicated as Andy has admitted for the record that he is a pathological lying sociopath with absolutely no business sense whatsoever. After all the noise and smoke Andy made about a conspiracy against him, it’s a bit disappointing that in the end he admitted wrongdoing and avoided a humiliating public trial, but there’s always Castle and The Blacklist for entertainment so I guess I don’t mind. In the end Andy was arrested for assault, harassment, fraud, and sued for 18+ years of back child support…that pretty much sums up Andy Esquivel and his friends for the world (minus of course the drug use and alcoholism). You can read the final documents of Andy’s case here:
Steve Klemark, Allen Brady, Lasharielle Jenkins, and Ronald Dean Kelsay must all feel really stupid right now.
This is a remote post from the airport so will be brief:
Andy was sentenced today. 90 days in jail with credit for the 200+ days served so far. Andy was ordered to pay $500 in legal fees, $800 fine, and was ordered to pay $13,000 in restitution to his victims!
Andy was sentenced to 36 months probation, during which time he cannot use alcohol or drugs, must submit to random drug and alcohol testing, cannot enter establishments where alcohol is sold (clubs and bars), and must get and keep a job! He must also refrain from all criminal activity.
Andy immediately posted this video claiming that he only took the plea deal to keep Ryion, Kyle and Chris from making billions of dollars by suing Bump.cpm – whatever. Here’s a guy who couldn’t even afford a private defense attorney…how the hell is he supposed to be able to pay someone to help him sue a well funded startup?
Andy Esquivel has plead Guilty to two felony counts of securities fraud! No matter what he says from here out about the “conspiracy” against him, the fact is he’s a criminal, a serial felon, and a crook.
The plea followed over six months in custody including a stint at the Utah State Mental Hospital where after treatment Andy was found competent to stand trial for his crimes. As part of Andy’s plea deal, a single 2nd degree felony count of securities fraud was dropped. Andy remains free on $10,000 bond pending his sentencing on October 7th.
Andy celebrated his release from jail by posting on Diigo and bashing those who have helped see him charged with his crimes. He’s tried to hitch his wagon to Mark Shurtleff and John Swallow by implying that somehow the conspiracy against him is related to their recent indictment. The reality of course is that Andy’s case is in no way related to anything but his own criminal activity and that there is no ‘conspiracy’ against him, only a desire to see him pay for his crimes.
The maximum penalty for each of the two 2nd degree felonies Andy has now confessed to is 5 years in prison. Given Andy’s behavior prior to and during his trial, the victims and the authors of this blog obviously hope that Andy is sentenced to the maximum. He’s certainly proven that he has absolutely no remorse for his actions and will continue his criminal activity as soon as he is free.
I will post the audio from Andy’s competency hearing as soon as it arrives. In the meantime, stay tuned for more psychotic rants from this pathological lying sociopath and the brainless minions who worship him.
Before Andy Esquivel was institutionalized, he sent a Facebook message to his cousin Edward who’s mother Andy ‘spoofed’ on LinkedIn to make himself look more legitimate. We recently received a copy of the rant and I thought it was appropriate at this time to post it. The reason this post is interesting is that it discredits Andy’s claims that he’s an innocent victim of racism. The thing about sociopaths is that they always accuse others of what they themselves are guilty of (notice Andy’s prominent use of the “N” word towards the end of this rant).
Note: caps and punctuation mistakes are Andy’s, not mine.
Edward this is Andy I came back at 5:00am not because I am tweaking as you say on YOUR Facebook PAGE…. I am working on WEBSITES not Facebook bro you see most people are asleep NOT YOU bro, so we work on the WEBSITES at graveyard look at my email to my attorney I will post :0x Sindy sent that for a reason just wait for it…… I’ll post email next! (But what I want to say most Mista GANG BANGA EDWARD GONZALES – Mom family, Jesse in Denver you watching this shit, Edward even IF I was guilty, I am NOT but let’s just say I was for your sake “YO WTF YR MIDDLE NAME SNITCH!” Edward made deal for himself with Daryl) Aunt Chue when Edward was 5 he used to walk around asking all of us to play cards, it was cool until you beat Edward you all remember he would freak and say we are cheating all because Edward lost! See a doctor bro (OH don’t worry I will bring you up Edward) look at my next post u will get it. Edward you lost state only has 3 wits racist Ryion, Kyle and Chris they used their NIGGER DARYL to try and help my ex father in law North Salt Lake City Chief of police Hanson bring down Xtagged: https://www.diigo.com/item/…/7ra2 FYI Daryl never knew any of this that’s how he got caught up in this and dragged you guys in, Daryl & Edward stated I scammed hundreds of people and I never filed for patent: https://www.diigo.com/item/…/9hrw You’re a fool Edward this money BILLIONS is a dynasty for our family you already seen the patent paper work stop acting dumb. Your mom owns 6% & you nothing that’s why you’re mad, just shut-up until trial yr digging deeper hole.
FYI- Nobody blog for me anymore period not even film people Sindy was the only one.
You’ll also notice Andy proudly proclaiming that his fake businesses (which includes a goofy little ripped-off cartoon website called ‘Smiley Heroes’) are worth “BILLIONS”. Honestly, if I wasn’t documenting this guy’s psychosis, nobody would believe any of it.
Andy Esquivel has been keeping himself busy writing letters from jail. He’s now been moved to a mental hospital, but it’s still interesting to see how Andy kept himself busy. Below is a link to several of these letters – including one from his “spouse” (girlfriend actually) and one complaining about his newest public defender. The letters are hard to read, but still fun.
Incidentally, I’m curious what Andy’s personal biographer Ron Kelsay is thinking right now. I’d give $50 bucks to see the look on his face when he reads these letters from jail and realizes that his documentary is never going to sell any tickets. I wonder what Allen Brady is thinking now that his dream of moving into a $2 Million dollar house with the proceeds from some lawsuit over Xtagged evaporate. I wonder what Steve Klemark is thinking now that he realizes he drove his wife to the brink by chasing a drug addicted con-man around for years. I wonder what Shar Jenkins is thinking right now, realizing that his dream of opening a night-club in Park City have vanished. Guys, you’re welcome to post your thoughts – we’re all dying to hear form you!
Update: I spent a lot of time trying to understand these letters and after way too much time immersed in Andy’s gibberish I realized that int he second (or third) letter, Andy is actually trying to convince the judge to recuse himself from this case and grant Andy a change of venue with a new judge. If that’s not a sign of pure desperation, then I don’t know what is.
You guys will think this is funny: here’s a copy of a letter which Andy Esquivel wrote while in jail in Davis County. In this letter, Andy complains about both the prosecutor and his newest public defender. He also compares himself to Martin Luther King and brags that he marched around the jail yard all day on Martin Luther King’s birthday.
Here’s a copy of the letter [PDF].
It’s pretty sad and pathetic. I’d write more about it, but I’m really busy this week.
Posted on March 3, 2014 in Andy Esquivel's Scams Andy's Threats Andy's Videos Buzz/Wiser Karma Cause Trial Updates Wiser Car Cover Wiser E-Cigarettes Wiser Eyes Wiser Helmet Wiser No Phone Zone Wiser Technology Xooplay Xtagged
Just when you guys thought Andy would never post on YouTube again (because he’s in JAIL), Andy defies the odds and manages to get a video posted anyway. Boy, this guy REALLY doesn’t know when to shut up!
In this latest video, Andy convinces his girlfriend (he’s now using me as the excuse why he never married her in spite of the fact they have three kids together) to put him on speaker so she can record him from jail and post online. It sounds like he’s calling from the common yard at the Davis County jail because there’s lots of commotion around him.
Andy explains that he’s in jail of his own free will. That he asked to be sent to Jail on January 7th because ‘the prosecution has postponed his trial six times’…which makes perfect sense, right? Andy tries to put his own spin on his February 11th hearing claiming that he’s being committed to a state mental hospital because the Judge wants to prove he is sane, not for restoration of sanity because he is insane as is actually the case. He rambles on and on about the conspiracy against him, his million dollar lawsuits, all his inventions – basically all the delusions that are the reason he’s being held for restoration right now in the first place. He demonstrates in the space of five minutes that indeed the psychiatrists are absolutely correct – he is not mentally competent to stand trial and he is badly in need of psychiatric help.
Half-way through the video, Andy is interrupted by an inmate named “Boss” who tries to explain that in fact the fight he was just part of was not his fault and was nothing for his wife to worry about. The guy Andy got into a fight with should never have been let out of isolation because, like Andy, the inmate he fought with was is mentally disturbed. Andy also brags that he’s lost a lot of weight in jail (I guess he’s sensitive about his weight) and that jail isn’t so bad after all.
I never thought I’d live to see the day when Andy Esquivel is posting psychotic rants from behind bars, but here it is. He has no idea why he’s there, no idea what he needs to do to be released, and shows no signs that his delusions have abated. Between us, I think Andy is going to be incarcerated for a very long time, because he’s never going to admit that he’s a delusional mess and needs help. The more he resists treatment, the longer he’s going to remain in state custody and I personally believe that’s a good thing.
I wonder what Allen Brady, Steve Klemark, Shar Jenkins, and Ron Kelsay are thinking right now? “…Boy, were we stupid!”
On January 7th a visibly agitated Andy Esquivel walked into court and faced Judge Connors after the first of two psychiatrists found him mentally incompetent to stand trial. According to the audio transcript which we acquired from the court, the first psychiatrist found that Andy suffers from delusions and is bi-polar. Andy’s defense attorney stated that a second mental evaluation will more than likely find the same, so the trial needs to be postponed until Andy can receive the medication (and possibly hospitalization) he needs.
The prosecutor protested the fact that Andy can’t seem to get himself together enough to meet with the second psychiatrist pointing out that Andy’s obstructive behavior has caused this case to drag on for a seeming eternity. He pointed out that the first pre-trial was more than two years ago and that Andy’s behavior has been going on for more than five years now. The prosecutor requested that the court incarcerate Andy to keep him from continuing to be a hindrance to the case.
Judge Connors agreed with the prosecutor, but before sending Andy off to jail allowed Andy one more chance to explain himself. Andy took the opportunity to launch into a lunatic rant in which he claimed he was not insane, that eh would not take misdemeanors, that he’s been called a liar in front of the whole world (as if anybody other than his victims and Alan Brady are actually paying attention to this trial), that he has some assorted motions that he swears he filed, blah, blah, blah… none of this impressed the judge at all, and when Andy said “I’ll go to jail right now to prove (something)”, Judge Connors only replied “Well, I’ll give you that opportunity in a minute.” While being hauled off to jail, ANdy continued ranting “I want protective custody! I’ve been threatened in this jail! Blah, blah, blah…” I was half expecting him to spout out that he was Napoleon or something.
Today was Andy’s pre-trial to discuss the results of the second mental evaluation in jail. Andy remains in custody, so I doubt the results were helpful to Andy’s case. As always, I’ll keep you all posted on what happens.
An audio transcript of the January 7th hearing can be found here: [AUDIO]
This website has learned that part of the reason the court decided to throw Andy Esquivel in jail until further notice was because he failed to report for his mandatory psychiatric evaluation as ordered. This letter [PDF] from psychiatrist assigned to evaluate Andy states that in spite of repeated attempts to make contact, Andy did not return phone calls or attempt to otherwise make contact.
We are still waiting for an audio transcript of the January 7th hearing and will provide more details as they become available. As of right now, Andy is behind bars and will remain there for the foreseeable future.
On January 7th Judge Connors of Davis County ordered Andy Esquivel held in Davis County Jail without bail until further notice. We’re still waiting for the audio transcripts of the hearing, but it must not have gone well.
On January 7th the court was scheduled to review the results of Andy’s mandatory psychiatric evaluations to determine whether he was competent to stand trial. Immediately after that hearing Andy’s mug-shot appeared on the Davis County jail website with a booking time of 10:49am.
The contents of Andy’s psychiatric evaluation are sealed so we don’t know what the psychiatrists found, but my hunch is that they determined Andy to be dangerous, mentally unstable, completely delusional, and incapable of telling the difference between fantasy and reality. It only remains to be seen whether the court will determine that Andy’s mental illness is serious enough to impede his ability to receive a fair trial.
Pathological lying sociopath and soon to be certified “nut” Andres “Andy” Esquivel has been ordered by the court to undergo mandatory mental evaluations by two court appointed psychiatrists in order to ascertain whether or not he is competent to stand trial. We’ve known for some time that his accomplice Allen Brady suffers from mild mental retardation and that his mental condition has been made worse by habitual drug use, but now the court has come to the conclusion that Andy Esquivel may be insane as well.
The examinations are intended to determine whether the extend of Andy’s mental retardation (or psychosis) is extreme enough to make him incapable of understanding the charges against him or the penalties he now faces. We’ve stated for some time on this blog that Andy is obviously crazy and clearly doesn’t understand that he’s on trial for three felony counts of securities fraud (serious charges) that could carry up to a maximum of 25 years in prison if he is convicted. Anyone who reads this blog will clearly see the extend of Andy’s delusions and will come to the conclusion that he is not mentally stable enough to tie his own shoes, much less function in society. Now we will have the benefit of professional opinion to determine for the record whether Andy’s psychosis is real or just an act.
Here is a copy of the court order requiring Andy to undergo psychiatric evaluation prior to the January 7th pretrial hearing which will decide his fate: Court Order requiring Andy to see a psychiatrist
Andy has been pretty quiet since the court openly asked the question whether or not he is insane. No longer is he blabbing wildly about conspiracies against him or claiming that some hearing that’s right around the corner will exonerate him and implicate the prosecutor and witnesses against him in some criminal wrongdoing. His blogs are silent, his YouTube channel vacant, his supporters now reduced to his live-in girlfriend (mother of three of his six (6) illegitimate children) and convicted felon mother. it’s a sad state of affairs for a guy who once bragged about having armies of attorneys, having invented technologies that could save thousands of lives, and of being on the verge of a “billion dollar” buyout from Google.
Good luck in January Andy. We hope the court offers to help you get the treatment you need. Maybe with the right medication and a top flight mental institution, you’ll finally be able to contribute to society and provide for your family. Nobody wants to spend their life being described (accurately) as ‘dead weight’.
Sorry for the delay in posting, but we wanted to wait to post until the audio transcript from the August 7th hearing was available. That audio transcript is now available here (FLV), and it’s hilarious! Nothing is more satisfyign than listening to a respectable Judge and a professional attorney trying to deal with Andy Esquivel and losing their patience with his ineptitude.
In this hearing, Andy begins by saying he’s finally ready to “take the lawyer”, meaning a public defender. Unfortunately for Andy (and the prosecutor points this out) he was already offered a second public defender but, like an idiot, he told the court flatly that he refused to accept the help of the public defender’s office because he thought they were involved in a conspiracy against him.
Andy continuously claims to have filed a motion for discovery with the court, in spite of the fact that the clerks office has no record of such a filing. Judge Connors at one point becomes exasperated and just breaks it down for Andy: (11:45) “Mr. Brady put your arm down…Mr. Esquivel, I don’t know how many times we need to have this discussion. You cannot just continue to represent yourself and ignore all of the court’s rules!”
Andy blabs on and on about how he’s now willing to take an attorney, but the prosecutor pointed out that we’re now months down the road from the date when Andy lost his first public defender and refused another and he doesn’t believe that another attorney will be ready by trial. “His conduct in the state’s opinion is destructive and it’s delaying tactics.”
At the end of the day, the Judge told Andy to file a proper discovery motion by COB Friday (which he never did). Andy then told the Judge “if you give me the discovery then I’ll hire my own attorney,” after which Andy filed a financial affidavit [PDF] claiming that he’s broke and can’t afford an attorney. Andy admits in the affidavit that he hasn’t worked since June 2009, that the highest he ever earned was a measly $12/hr., that his girlfriend (who he falsely claims is his “wife) doesn’t work, that he has no assets (not even a car) and that he pays no rent. Oh, here’s Andy’s contact information in case anybody wants to sue Andy in civil court:5789 Middlewood Ave. Kearns, Utah 84118 (801) 819-5126
The Judge told Andy that at this point he has no intention of postponing trial anymore. The current trial date is October 16th, 2013. My hunch is that the prosecutor is going to object to Andy’s request for counsel because (a) there’s no time for the new public defender to review the case before trial and (b) because Andy’s affidavit is completely false…Andy didn’t even list how much money he spends on rent in the document, even though in his latest video he’s bragging about his new house.
You guys need to just listen to the hearing. I’m tired, and it was too funny to adequately convey in a blog post. In the end, Andy looked completely inept…which of course he is. Andy’s motion to dismiss makes him look even more inept. The fact that he’s now begging for an attorney makes him look pathetic on top of inept. Oh boy, at least we’re nearing the end of this trial and Andy will soon either plead guilty or be convicted of fraud.