Ex-Council Candidate Arrested

A former Thousand Oaks City Council candidate, who recently pleaded no contest to a charge of disturbing the peace at a candidate’s forum, has been arrested on suspicion of felony computer fraud, identity theft, false personation and election fraud.

Daniel Avila, 25, who surrendered to authorities Wednesday, is suspected of hacking into a cellphone network and sending out bogus text messages to thousands of area residents on Nov. 2, said Ventura County Deputy Dist. Atty. Marc Leventhal. The transmission caused phones to ring between midnight and 4 a.m., Leventhal said.

Avila was released from custody after posting a $50,000 bond and is scheduled to be arraigned March 4. If convicted of all charges, he faces up to three years in prison, Leventhal said.

Using his computer and information gathered over the Internet, Avila allegedly broke into Verizon Wireless’ network and sent messages to local subscribers urging them to vote for him, he said. The messages were made to look as if they were composed and sent by opponent and then-Mayor Robert Wilson Sr.

Verizon customers received a brief text message, which read, “Please Vote for Daniel Avila for Thousand Oaks City Council.” The message appeared to be sent from Wilson’s e-mail address and included a phone number that answered with a recorded message soliciting votes for Avila, authorities said.

“I think Avila was trying to get people furious with the sender, more so than the desire to just attract votes for himself,” Leventhal said. “He wanted to make people upset with Bob Wilson for having sent these messages.”

Although he would not discuss specific evidence, Leventhal said that authorities seized computer hardware from Avila’s business in Venice.

“The examination of those computers has yielded evidence which will be presented in our case,” he said.

Avila was one of seven candidates vying for two City Council positions in last year’s election. In October, he was arrested on suspicion of disrupting a candidates’ forum by using offensive language amplified with a bullhorn after being denied a chance to participate. Avila pleaded no contest and paid a $200 fine.

Prior to the forum, Avila had attracted the attention of law enforcement. In September he allegedly circulated a flier supporting the assassination of President Bush and the sexual assault of Bush’s daughters. He also brought a hatchet to a city Planning Commission meeting in late July. He was not arrested in either incident.

Avila placed fifth in his failed election bid with 3,525 votes.