Defendant in HOA scheme ordered released from custody

A key defendant charged in the scheme to take over 11 homeowners associations was ordered released from federal custody Monday as the trial in the high-profile criminal case approaches.

Former bail enforcement officer Charles McChesney, 49, and five other defendants, including Leon Benzer, the accused mastermind of the takeover scheme, are to stand trial Oct. 14 before U.S. District Judge James Mahan.

Benzer’s lawyer, Daniel Albregts, however, said Monday he’s going to seek to delay the trial because of the recent discovery of new evidence the government plans to turn over.

Federal prosecutors have alleged McChesney provided “muscle” in the massive HOA conspiracy that occurred between 2003 and 2009.

Last year U.S. Magistrate Judge Peggy Leen ordered McChesney to remain behind bars after federal prosecutors accused him of beating his wife and causing his former lawyer to unknowingly lie to the magistrate about his need to have access to a weapon on the job.

Prosecutors also pointed to McChesney’s May 2013 arrest on state charges in a scheme to rob and extort a female client he claimed owed him money.

According to a criminal complaint filed by the Nevada attorney general’s office, McChesney and another bail bondsman, John Kevin McCabe, broke down the door of the woman’s home in January 2011 and held her and her three children at gunpoint while they rummaged through the home.

But McCabe has since died, and state prosecutors dismissed the case against McChesney.

His new lawyer in the federal case sought his release, which was not opposed by prosecutors.

Leen on Monday said she recalled how McChesney had been disingenuous with her a year ago, but she ordered his release to the third-party custody of his sister with several restrictions.

He is submit to electronic monitoring, stay away from his ex-wife and not contact any witnesses or defendants in the case. He also can’t possess a weapon.

Contact Jeff German at jgerman@reviewjournal.com or 702-380-8135. Find him on Twitter: @JGermanRJ.