Victims were left disappointed Thursday after a defense attorney’s absence delayed sentencing for three defendants in a fraud case involving one of Sonoma County’s worst wildfires in recent history.
Salvador and Pamela Chiaramonte, along with their daughter, Amy Perry, were expected to be sentenced in Sonoma County Superior Court for defrauding victims of the 2017 Tubbs Fire, the 36,807-acre blaze that wiped out 5,643 structures and killed 22 people.
Nearly a dozen victims were in attendance and sat through a handful of unrelated proceedings before the fraud case came up, only to be pushed to Oct. 3.
“We’re disappointed they aren’t being sentenced,” Sonoma County Deputy District Attorney David Kim said after the hearing. “Unfortunately, you have to come back.”
The Chiaramontes’ attorney, Ken Rosenfeld, submitted a motion to continue sentencing because he would be handling an unrelated case in Alameda County. It was submitted at least 48 hours prior to sentencing and Rosenfeld was not present Thursday.
“Sometimes you get pulled into things you don’t expect,” Perry’s attorney, Allen Sawyer, told The Press Democrat after Thursday’s hearing.
The matter was discussed before Sonoma County Superior Court Judge Troye Schaffer, who found good cause in Rosenfeld’s motion.
Sentencing was rescheduled for Oct. 3.
Schaffer apologized and acknowledged the victims’ frustrations as they groaned upon the announcement that sentencing would be delayed..
Among the victims in attendance were David Lenchner and his ex-wife, Ellen.
David Lenchner said he left Thursday’s proceedings feeling angry and frustrated.
“I thought this was the end,” he told The Press Democrat.
Lenchner recalled escaping the fire with just a T-shirt and a pair of pants and underwear. His home near Coffey Park was destroyed and only rebuilt 3½ years later after they hired another contractor.
Still, he said, there hasn’t been closure.
“Until it gets done, we’re still hurting from this,” Lenchner said.
Sawyer said the new sentencing date in October was chosen because his client will be donating organs and needs time to recover from surgery.
He added that Perry, the Chiaramontes’ daughter, was a salaried employee who got caught up in the fraud activity and “feels absolutely horrible about what happened to the victims.”
Sawyer echoed previous comments by Rosenfeld that the Chiaramontes, the former owners of the shuttered Chiaramonte Construction & Plumbing company, were legitimate contractors who had the right intentions but got in over their heads following the Tubbs Fire.
“They took on way more than they could have chewed,” Sawyer said.
Tubbs Fire victims came forward with allegations of fraud and negligence in May 2019 after offers to rebuild their homes went unfulfilled
Victims said they paid for work that was shoddily performed or not done at all, The Press Democrat first reported in 2019. They alleged the contractors missed deadlines, broke promises on construction start dates and let rebuilds drag on with no progress.
The Contractors State License Board launched an investigation into Chiaramonte Construction in 2019 and later suspended its license for failure to maintain workers’ compensation coverage.
The construction company was eventually dissolved and in April 2020 the Chiaramontes’ filed for personal bankruptcy protection from creditors.
Criminal charges were filed against the Chiaramontes and Perry in July 2020.
Prosecutors say the defendants had signed roughly 40 construction contracts following the Tubbs Fire and a criminal complaint referenced 16 victims.
Each defendant was charged with dozens of felonies.
An April 22 preliminary hearing would have determined whether the case would have gone to trial, but it was canceled when the Chiaramontes and Perry entered plea deals nearly two months ago.
On April 29, Salvador Chiaramonte pleaded no contest to 13 counts of diverting funds of at least $1,000 and one count of theft from an elder or dependent adult, according to court records. Pamela Chiaramonte and Perry each pleaded no contest to one count of diversion of funds.
Salvador Chiaramonte could be sentenced to six years in prison, but half of that may be on post-release community supervision. His wife faces 60 days under a jail alternative program and their daughter faces 160 days.
Last month, Rosenfeld’s public relations firm issued a news release announcing that Pamela Chiaramonte had been sentenced to community service. Sentencing had not taken place by that point.
He later said that was a misstatement and took responsibility for the error.
You can reach Staff Writer Colin Atagi at colin.atagi@pressdemocrat.com. On Twitter @colin_atagi
