By Gary Walker

The criminal case against a Metropolitan Transportation Authority bus driver who was accused by his former bosses of embezzlement has been dropped, according to the driver’s attorney.

Richard Sedillo, a former Metro employee who worked driving the MTA number 33 line on Venice Boulevard through Culver City was charged last year along with nine of his fellow drivers with one count of embezzlement and one count of a “public office crime” by the Los Angeles County District Attorney’s office following an investigation by the Los Angeles County Sheriff’s Department. Sedillo, a 19-year MTA employee, proclaimed his innocence following his arrest.

“I knew along that I wasn’t guilty of anything,” Sedillo said after the case was dropped.

One driver has been cleared of all charges, another pleaded guilty and a third was convicted, according to MTA officials.

The charges against Sedillio and others revolved around alleged improper handling of day passes with the new TAP (transit access pass), a durable plastic card that allows commuters who ride the bus frequently to use the same card instead of purchasing paper passes each day.

MTA began selling day passes on TAP cards March 15, 2009. A bus traveler can also use the card on the Metro rail system but not on other municipal bus lines.

The News first reported Sedillo’s plight in January after he was formally accused of embezzling funds from the transit agency.

Sedillo’s attorney, Mark Massey, believed his client had a strong case and was not surprised that prosecutors decided not to pursue the embezzlement case against Sedilllo and another MTA driver. “I’m confident that if we had gone to trial, we would have been able to prove that there was witness tampering,” Massey asserted. “It is my belief that (MTA supervisor) Dan Frawley spoke with witnesses improperly.”

MTA spokesman Rick Jager said the transit agency’s staff detected “anomalies” with day passes on the new TAP cards shortly after they were introduced. “What triggered the probe is there were transactions where in many cases $5 was put on a card but not into the fare box,” Jager explained. “Our staff, through the audit, noticed that this was being done very rapidly, which sent out warning signals.”

The agency’s risk management department initiated the internal probe, which took place between the months of March and August.

An internal MTA memo challenges the veracity of previous statements by an MTA trainer, Brenda Esquivel. “Ms. Esquivel's statements about ‘pre-classifying’ a card as a regular fare or a senior/disabled fare is technically impossible,” the memo states. The cards have a rider class set up when the card is initialized at the TAP Service Center and prior to ever being shipped to the division.

“The process described by Ms. Esquivel is completely outside of any training that we are aware of and also not technically possible.”

Massey said his clients were not given the proper training when the new fare cards were implemented last year and MTA made them scapegoats when the system did not function properly. “Richard was given only 15 of training,” he attorney stated.

Jager said the transit agency will not tolerate embezzlement. “We will diligently continue to investigate and prosecute employees, vendors and others who attempt to or engage in embezzlement,” Jager told the News.

Sedillo is now pursing a civil suit against his former employer. “We were fired during a recession for no reason. After years of faithful service they coldheartedly fired us and didn't even try to justify it,” he said in a recent interview. “This has effected me not only financially but mentally.

“I had my vision for retirement torn from me. I used all my savings paying attorneys fees needlessly.”

Culver City Bus also uses TAP cards. Art Ida, Culver City’s transportation director, said his bus operators received two to three hours of training when the new system was put into place a year ago. “The level of training often depends on the complexity of the technology,” Ida said in a January interview. “When you are working with new technology, you really have to be prepared.”

Sedillo also feels that his union, United Transportation Union, which represents MTA bus drivers, was not supportive during what he says has been one of the most challenging periods of his life.

“It's so very frustrating knowing what (MTA) did wasn't morally right. I have no future. I can't plan anything,” he said. “If and when I go back to work, I will run for a top union position and will make sure the drivers will always be protected and never go through the nightmare we went through.”

Ida said it was not improbable for some bus lines to experience growing pains with new systems. “It’s not always seamless because new technology does not always work perfectly,” he said.

Massey did not disclose how much his client will be seeking in the civil case.

Robert Gonzales, vice chairman of the United Transportation Union, did not return calls for comment.