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Scuffle Between Wildomar Mayor’s Family And Bail Bondsmen Leads To Possible Misdemeanor Charges

Fausto Atilano, 48, of Murrieta, and Bryan Stark, 46, of Murrieta, would face misdemeanor charges if the D.A.’s office accepts the case, said Lt. Mathieu Burden of the Riverside County Sheriff’s Office.

Forty-eight hours after the district attorney’s office is reviewing misdemeanor battery and trespassing charges against the men.

John Hall, senior public information spokesman for the Riverside County District Attorney’s Office, said Wednesday afternoon that the case is being considered.

“The charges are still being reviewed by our office; we don’t have a timeline yet,” he said.

Fausto Atilano, 48, of Murrieta, and Bryan Stark, 46, of Murrieta, would face misdemeanor charges if the D.A.’s office accepts the case, said Lt. Mathieu Burden of the Riverside County Sheriff’s Department.

“They are misdemeanor charges of battery and trespassing,” Burden said.

Atilano is the owner of Fausto's Bail Bonds in Temecula.

On March 28, Wildomar Mayor Marsha Swanson was shaken up and her daughter was Tasered after the two bail bondsmen showed looking for a young woman they say failed to comply with the terms of her bail bond agreement.

At approximately 6:45 p.m. Monday, police were called to the home of Swanson’s 84-year-old mother, in the 21200 block of Shoemaker Lane in Wildomar. The mayor’s daughter Jamie Scranton and her family also live at the residence, including Scranton’s 27-year-old son who is an acquaintance of the young woman the bail bondsmen were seeking.

The mayor, who lives nearby and was at the scene, said the two men barged through her elderly mother’s front door posing as police officers.  

“They scared my poor mother half to death,” Swanson said Monday night. “They smashed my grandson’s face into the ground and broke his nose. There is blood everywhere.”  

Swanson said the two men pulled a gun at one point and used a Taser gun on her daughter, who had to be taken to the hospital for injuries to her stomach.

In response to the allegations, today Atilano released a press statement that read, “I was on a legally authorized bail recovery/bond surrender of a defendant on a felony bail bond.”

Atilano said the defendant, Erica Lynch, had failed to comply with the terms of her bail bond agreement and was “determined to be a flight risk for her court appearance.”

Atilano continued, “As authorized under the laws of the State of California, I contacted Erica Lynch at the residence in Wildomar.”

Atilano said in the statement that he identified himself and stated his purpose, which was to deliver Lynch to authorities for surrender on her bail bond.

“Upon contacting Erica Lynch, identifying myself and stating the purpose of my contact, I was jumped and attacked by at least four people who were also at the residence and a pit bull,” Atilano said. “This attack included the brandishing of a knife, being charged at with a 2x6 piece of lumber, being punched and kicked in the head and body, while I was on the ground.

“Fearing for my life, I defended myself and attempted to escape this attack,” Atilano continued. “I narrowly escaped this attack and was able to phone the sheriff’s immediately for assistance.

“As a result of this attack during the lawful performance of my duties as a bail agent, I was taken to Urgent Care and treated for head trauma and a dislocated finger,” Atilano added. “At the present time I am continuing treatment for injuries incurred during this attack. I have been (a) bail agent for over 16 years.”

Cathy March 31, 2011 at 01:26 AM
to me this sounds like a bad situation that got wayyyyy wayyyyy out of hand...
Kandi March 31, 2011 at 05:19 AM
I hope this case is determined based on real evidence and not because the Mayor happens to live at that residence and the girl they were looking for is a relative of the Mayor. Mayor or not, relative or not, follow the rules and laws just like everyone else HOWEVER it sounds like this family should and could press charges. It is unacceptable to barge into ANYONE's home including the Mayor and tazer a suspected "flight risk" as they state. I think Fausto's is in the WRONG and should have charges brought against them. Regardless if this girl is considered a flight risk, you don't do what these 2 men did and scare everyone half to death and start tazering people. Shame on you Fausto's!
J Carabine March 31, 2011 at 02:30 PM
The Mayor does NOT live at that Residence... she lives near that residence. They did NOT Tazer the flight risk girl who was arrested. Re-read the details of the story.
Ron Niehouse March 31, 2011 at 03:03 PM
Kandi, you either work for the company or did not read properly...come on!
Bill Nazworth March 31, 2011 at 05:08 PM
The bail bondsmen where there on legal business (She made a promise and signed a contract with the bail company to which she had not complied). They were attacked after identifying themselves and had every legal right to defend themselves. Again the people at the house were assisting and harboring a know criminal that was running from the law! Erica Lynch, had failed to comply with the terms of her bail bond agreement and was “determined to be a flight risk for her court appearance. Failed to comply doesn't that mean she didn't show up to a predesignated place (court,jail,etc...) as ordered by a Judge! Cut and dry no charges apply except for the people at the house. Why isn't this Mayor siding with the law? Why did her mother have criminals at her house? Just saying!
David Pereira March 31, 2011 at 05:09 PM
How come no previous reports of this story had mentioned the bail agent having to go to the hospital? I've been following this story since it broke and this is the first I'm hearing of an attack ON the bail bondsman. Who were the four people who attacked him? Why have we only been fed the Mayors side of the story? It predisposed me to be on her side but if this guy was really attacked, then the mayor and her podunk family are at worng. Which one is it Patch?
JDD March 31, 2011 at 11:55 PM
Many opinions are being formed with little information. Each of us has the right to an opinion but we have a responsibility to form our opinions based on truth and fact. Before we describe people as a "podunk family" and jump to conclusions, why not wait until the facts and truth are out. The police have interviewed the two men and as a result have taken the matter to the district attorney to consider charges. Do you know how these persons entered the property? Is it possible the police did not believe the "story" being told by the bailbondmen? Is it possible there story is not more of a fabricated "CYA" after they realized they may have crossed the line? Who in the family knew the young lady was even there? Who in the family was aware that person was involved with the courts? Lots of questions are not yet answered. Let's let the truth prevail. Then and only then will our opinions be of any worth.
Hillary April 01, 2011 at 01:22 AM
I agree that hearing both sides of the story makes me think differently of the situation. There is one more side to the story though, the truth, which is probably somewhere in the middle of both stories.
Joe April 01, 2011 at 06:56 AM
This is BAD PRESS for Wildomar. If the Mayor didn't live there she should have left out the back door. Instead she injected herself in the middle of the fight. Dumb, Dumb, Dumb
Undercover247 April 01, 2011 at 03:24 PM
The biggest problem with local blogs, everyone has an opinion, but not all of the facts. Before we send out the lynch mob after the Bondsman, why has there been no accepted responsibility by the people who claim to be the "victims" of this situation? if the FACTS were posted, you would see that if a police officer, who if faced with that same set of circumstances, would of had MOJ to ventilate the Scranton’s 27-year-old son for brandishing a knife and getting aggressive with the Bondsman for attempting to remove his "Girlfriend" from the location. The Right to Bail is part of our Constitutional Rights. Being on Bail, does not mean that you have Your FREEDOM. Your Freedom is the responsibility of the Bondsman. Decision of the United States Supreme Court, Taylor vs Taintor, 16 Wall, 366 When Bail is given, the principal is regarded as delivered to the custody of his sureties (Bail Bondsman). Their dominion is a continuance of the original imprisonment. When ever they choose to do so, they may seize and deliver him up in their discharge, and if that cannot be done at once,they may imprison him until it can be done. They may exercise their rights in person or by agent (Bounty Hunter). They may pursue him into another state; may arrest him on the Sabbath; and if necessary,may break and enter his house for that purpose. The seizure is not made by virtue of new process , None is needed. Its likened to the rearrest by the Sheriff of an escaping prisoner.
Undercover247 April 01, 2011 at 03:52 PM
I love how the story, makes the Bondsman the "Bad Guy" with out giving all details. or checking both sides of the story. Cause' bad press for one, is GOOD press for the other. Way to go LT. you might make Sheriff just Yet.
Ally April 10, 2011 at 07:43 PM
I just want to ask why the Mayor and her family have drug additcs in their home? Oh, I know why, because the 27 year old son is an addict too-you are who you associate with. Sad that the "Mayor's" family is the victim. The truth is Wildomar is the real victim....they have a shady Mayor!
Frances May 01, 2011 at 11:11 PM
I love you Guys!!! LOL Everybody is entitled to their own opnion, but let's not be blind to the situation. Four people jump on two bail bondsmen, one brandishes a knofe, one a piece of lumber and others throwing punches and kicks! From what I understand, only the bondsmen were arrested. Now how is this possible when technically 6 people were involved in the scuffle and hello let's not forget the "Fugitive". Shouldn't 7 people have gone to jail or at least detained until the situation was sorted out??? NO, ask yourself why? Now let me tell you what's happening here.... Sheriffs were called out so we have 3 parties involved now, Police, Mayor's Family and Bondsmen. The Mayor's family screwed up by having a fugitive living there. The bondsmen screwed up but their error is unknown at this time. The Police screwed up by not taking all parties to jail. I say being that everyone screwed up, no charges will ever even be filed and it will quietly vanish like a fart in the air! Just my theory......... :)

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