Accused pimp wants deal

Unfortunately for Matthew Alexander Thrasher, the 16-month plea bargain prosecutors initially offered is off the table unless his defense attorney convinces the court to uphold the agreement.

Defense attorney Jeff Boyarsky plans to file a motion asking that his client be allowed to plead no contest in return for a lesser sentence. If a judge refuses, Thrasher moves forward with a preliminary hearing on the evidence. The request will be heard May 25.

The motion, based on contract law, is "an interesting action,” according to Judge Carl Holm who agreed to postpone Thrasher’s other court proceeding.

Although a plea bargain typically spell out parameters for sentencing, a judge has the discretion to set it aside based on other information such as a probation report, said Chief Deputy District Attorney Steve Wagstaffe.

"It says so on the actual plea form so the earlier judge was within his right not to allow the deal,” Wagstaffe said.

San Carlos police arrested Thrasher and Jose Luis Orbeta, 35, Feb. 16 after Enterprise Rent-a-Car reported a stolen GMC Yukon. The vehicle’s OnStar GPS system led officers to a local hotel where they found the men inside a hotel room with a mentally challenged young woman, stolen checks and the materials needed to make fake checks.

Thrasher, of San Francisco, was working as the woman’s pimp and used the stolen vehicle to transport her to clients, according to the District Attorney’s Office.

Orbeta, of Daly City, was charged with pimping and vehicle theft while Thrasher was charged with vehicle theft, pimping, domestic violence, identity theft, counterfeiting and forgery. At the time of their arrest, Thrasher had a misdemeanor conviction for driving on a suspended license and Orbeta had a misdemeanor embezzlement conviction.

Both were offered negotiated sentences of no more than 16 months in prison. Each accepted but prosecutor Peter Lynch withdrew Thrasher’s offer after phone calls he made from jail were reviewed. The content of the phone calls were not disclosed.

Earlier this month, Orbeta received a year in jail followed by three years supervised probation.

Thrasher is in custody in lieu of $100,000.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.<