Saturday, May 14, 2005
Copyright © Las Vegas Review-Journal

Police identify injured man as source of finger in Wendy's chili saga

Jaime Plascencia Husband of Anna Ayala and friend of man who lost finger in industrial accident Anna Ayala Woman faces charges of attempted grand larceny

SAN JOSE, Calif.-- The mysterious finger that a woman claimed to have found in a bowl of Wendy's chili came from an associate of her husband who lost the finger in an industrial accident in Nevada, police said Friday.

"The jig is up," San Jose Police Chief Rob Davis said.

The owner was traced through a tip made to a Wendy's hot line, Davis said. He said the man lost the finger in December, and authorities "positively confirmed that this subject was in fact the source of the fingertip."

An employee with Lamb Asphalt Maintenance in North Las Vegas told the San Jose Mercury News for today's editions that the finger came from one of their workers after a Dec. 20 accident.

The discovery of the finger's owner marks a significant break in a case that has confounded authorities for nearly two months, ever since Anna Ayala claimed she bit down on the well-manicured, 1 1/2-inch piece of finger in a mouthful of her steamy chili.

The case became the talk of the Internet and late-night talk shows and spawned numerous bizarre tips and theories about the source of the finger, including one about a woman whose fingertip was bitten off by a spotted leopard kept as a pet.

Authorities said last month that they believed the chili incident was a hoax, and they arrested the 39-year-old Ayala at her home in Las Vegas and charged her with attempted grand larceny for allegedly trying to shake down Wendy's. But whose finger was in the chili remained a mystery.

Investigators initially believed the finger fragment was a woman's because the nail was well-trimmed.

Police believe the man gave the finger fragment to Ayala's husband, Jaime Plascencia, who was arrested this month on identity-theft charges unrelated to the Wendy's case.

Davis said the man who lost the finger, whose name was not released, was cooperating with investigators.

The police chief would not say whether the man was in on the alleged hoax. However, he did say that "the puzzle pieces are beginning to fall into place, and the truth is being exposed."

Plascencia, who married Ayala on Dec. 22 in Clark County, also faces charges of failing to pay child support in San Jose. According to Family Court records, since the early 1990s he had failed to pay more than $216,000 in support for five children he had with two women.

In court documents Plascencia denied fathering two of the children, saying their mother was unfaithful during their marriage.

During the finger investigation, Wendy's said no employees at the San Jose store had missing fingers, and no suppliers of Wendy's ingredients had reported any finger injuries. Authorities reported that there was no evidence of the finger having been cooked, and they also said Ayala had a history of filing claims against businesses.

Sgt. Nick Muyo said someone other than the man who lost the finger called in the tip to the hot line.

Calls to an attorney for Ayala and Plascencia were not returned. Wendy's did not return a call to its Dublin, Ohio, headquarters.

Authorities are considering additional charges against Ayala and her husband, Davis said.

"We are exploring all other options and avenues available to see that those involved in this charade will be investigated," the police chief said.

Wendy's has offered a $100,000 reward and has said it has lost millions in sales since Ayala made the claim while visiting her family in San Jose. Dozens of employees at the company's Northern California franchises also have been laid off.

Wendy's has not yet given out the award. Company spokesman Bob Bertini said officials need to talk with police to determine who should receive it.

In a statement, the company praised San Jose police and said the latest evidence vindicates its employees.

"We strongly defended our brand and paid a severe price," said Tom Mueller, Wendy's president of North America.

"We are extremely proud of our employees and franchisees who have suffered the most, and we are forever grateful to our many customers who have supported us during this difficult time."

The Nevada agency that investigates industrial accidents has no record of a worker injury like the one San Jose police described, said Tom Czehowski, chief administrator of the state Occupational Safety and Health Administration. Nevada employers are required to report only deaths or injuries causing the hospitalization of three or more employees, he said.

The California Division of Occupational Safety and Health also was checking its records for any workers who reported losing a finger in an industrial accident, spokesman Dean Fryer said.

The franchise at which the finger claim was made saw an immediate 60 percent to 70 percent drop in business, said Stephen Jay, marketing director at JEM Management, which owns the restaurant. Business is still off 20 percent, he said.

Review-Journal staff writer Brian Haynes contributed to this report.