Manager in iPods theft told police he's in U.S. illegally

Orange County Register
February 1, 2011
By Brian Martinez
IRVINE, CA

A demoted manager accused of stealing 222 iPod Touch devices worth $45,000 from the Irvine Spectrum Center shop where he worked reportedly told police he is in the United States illegally.

Among the three felony crimes Edoardo Molina Hurtado, 23, has been charged with is identity theft – using someone else's Social Security number to gain employment at Fusion of Ideas. The store, which makes and customizes cases, covers and shields for mobile devices, hired Hurtado as a staffer more than four years ago and quickly promoted him to manager.

According to Deputy District Attorney Nikki Chambers, the report from the Irvine Police Department says Hurtado, also known as Edoardo Carrillo Hurtado, told officers that the reason he did not have a valid Social Security number is that he is in the United States illegally. Chambers said she can't release the police report. The Police Department has declined to comment on the case, citing policy.

Hurtado was released from custody on $20,000 bail three days after his arrest. The Register asked U.S. Immigrations & Customs Enforcement why it did not choose to keep Hurtado in custody in light of his statement and the charges against him. Spokeswoman Virginia Kice e-mailed this explanation on the agency's decision:

"Like all inmates booked into the Orange County Jail, Mr. Hurtado was screened to determine whether an immigration detainer would be lodged against him, making him subject to follow-up immigration enforcement action. In reaching determinations about future enforcement actions, ICE considers the totality of the person's criminal and immigration history. Background checks revealed that, at the time of his arrest, Mr. Hurtado had no prior immigration or criminal record. In a world of limited resources, our enforcement must be based on tough, sensible priorities. Those priorities include individuals who pose a potential threat to public safety or national security, convicted criminal offenders, and individuals with outstanding orders of deportation or aliens who have returned to the United States following a removal."

Kice added that the agency is still determining whether Hurtado is in fact in the United States illegally.

The person who matches the Social Security number is not related to Hurtado and has yet to be located, Chambers said.

Russ Taylor, founder and president of Fusion of Ideas, said Hurtado provided a Social Security card and California driver's license when he began employment. The IRS never notified the business that there might be a problem with the Social Security number, Taylor said.

Taylor said it was "a huge shock" to learn that an employee whom he had trusted is charged with these crimes.

Hurtado gave Taylor his two weeks' notice about 20 minutes before police officers arrived at the store to arrest him, Taylor said.

All of the stolen items were new devices being engraved or customized for few big clients and did not contain any personal information, the owner said. He added that he paid to replace every stolen device for his clients.

Hurtado was charged with second-degree commercial burglary in the theft of the 222 iPod Touches. Police say the crime happened sometime around 1 a.m. Jan. 2. Police say a key was used to gain entry to the store and that the stolen items included the digital video recorder from the store surveillance system.

An Irvine Spectrum Center security guard recognized Hurtado as one of three people taking boxes out of the Fusion of Ideas store, which is directly across from the Apple store, authorities said. The guard apparently did not realize it was a burglary at the time, perhaps because he or she knew Hurtado was an employee. The other two people have not yet been identified, Chambers said.

When police officers served a search warrant at Hurtado's home in Aliso Viejo, they found $39,000 in cash – mostly $100 bills – in a closet strongbox, Chambers said. He was arrested Jan. 5.

During the search of his home, authorities also found an empty iPad tablet-computer box. On the box was a store-generated sticker showing a serial number that Fusion of Ideas says was among a group of about 40 iPads and some smaller devices worth $20,000 stolen from the store's shipping office in November.

Hurtado was charged with receiving stolen property for having the empty iPad box, which is considered stolen property. He was not charged with stealing the iPads in November because there are no eyewitnesses or other evidence linking him to the actual theft, Chambers explained.

After serving as manager of the store for more than three years, Hurtado was made an assistant manager after the business grew significantly and a new head manager was hired. Taylor said he reduced Hurtado's pay from $15 an hour to $12 an hour in the position change but added that he was working with Hurtado to get his pay back up to $15 an hour.

The demotion occurred before the iPads theft happened in November.

Records show Hurtado is married, and he told his former boss that he has two young children. He faces a maximum of four years and four months in prison if convicted on all counts.

Hurtado has pleaded not guilty to all three criminal counts. His private defense attorney, Jose A. Hernandez, declined to comment for this report. The defendant is scheduled for a pretrial hearing Feb. 10 at Harbor Justice Center in Newport Beach.

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