had no choice but to fi re Flores. Mast did even more research to
prove his case, obtaining subpoe- nas for phone and bank records. Phone records revealed conversa- tions between Flores and Carrizales after Rainbolt asked about the theft. Bank records showed that between the years 2007 and 2010 there were numerous sale barn checks made out to Flores, along with various family members, and deposited into his account. Rainbolt was stunned at the
thought that his longtime ranch foreman could have stolen from him. “What convinced me were the records that my trailer plates showed up at a sale barn that I don’t use on 16 different days in the past 2 years. The bank records then showed auction checks being deposited that matched those dates. I knew then it was no mistake,” Rainbolt says. Mast ran Flores’s name back as
far as he could go on the market inspection program. Those records showed he sold a lot of calves in his name, or various other names. He sold so much that for the trial Leon County District Attorney Whitney
Smith decided to go back for only a year. In preparation for the trial, a fo-
rensic auditor combed through the bank records, matching dates and deposits. The total deposits for that year showed tens of thousands of
“When meeting with Leon Coun-
ty District Attorney Whitney Smith we all realized, with the number of people involved, we could go with a charge of engaging in organized criminal activity and make it a sec- ond degree felony. It was a higher
Hard to accept that a trusted ranch foreman could be
stealing
dollars over and above what should have been his normal household income. “It looked like, to me, that instead of taking care of the ranch and tending to the cows, Sergio’s whole world revolved around steal- ing, and I mean a bunch of calves,” Mast says.
Organized crime All totaled, 4 people were
charged with stealing Walter Rain- bolt’s cattle: Rosario Carrizales (the housekeeper), Lupe Carrizales (her son), Ashley Nelson (Lupe’s wife), and Sergio Flores (Rainbolt’s ranch foreman).
charge,” Mast says. The Texas Penal Code defi nes
organized crime as 3 or more per- sons who collaborate in carrying on criminal activities.
The verdict Nelson and the Carrizaleses
were indicted for theft. In exchange for a sentence of probation, they agreed to tell the truth and testify against Flores at trial. During the trial, Nelson and the
Carrizaleses described the frame- work of their arrangement and por- trayed Flores as their organizer and leader. Their testimony indicates
Rainbolt admits ear tags can be cut out, but at least there will still be a hole in the ear that might raise curiosity.
tscra.org
June 2013 The Cattleman 93
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