Kirsten Adair: Batmobile case granted continuance while San Mateo DA looks at evidence
Aug. 18—The future of two felony charges filed against Logansport Batmobile builder Mark Racop are facing uncertainty as a California court debates whether the charges should be dropped.
Racop was charged with obtaining money, labor or property by false pretenses and diversion of construction funds after San Mateo County sheriff's deputies raided his business on July 19. Steve Wagstaffe, the district attorney in San Mateo County, California, said he wants to learn more about the facts of the case before deciding to move forward with the criminal charges.
"Once I became aware of the case, got involved with it, and learned what was there, I said I wanted further investigation done before I make a final decision on whether the case will go forward," Wagstaffe said.
The case was originally called into question after an ABC7 News investigation alleged that San Mateo Sheriff Carlos Bolanos carried out the raid as a favor to his friend Sam Anagnostou. Anagnostou ordered a custom Batmobile from Racop in 2017 but missed a payment and was told his car would be delayed.
Racop was supposed to be physically present in San Mateo County Superior Court this Friday for arraignment, or the reading of charges and entry of a plea. However, San Mateo County Superior Court Judge Sean Dabel granted a continuance that will push the arraignment back a month. Racop is still expected to be in court on Friday, but Dabel is allowing him to attend remotely.
Over the next month, Wagstaffe will evaluate whether there is evidence that Racop committed fraud against Anagnostou.
"What I'm really looking for is to see if the evidence would show that Mr. Racop promised him something and didn't deliver it. It pretty much boils down to that," Wagstaffe said. "I want to see what their communications were and what their emails were. Mr. Anagnostou's lawyer went and met with Mr. Racop. I want to hear what those communications were about. What were those discussions? Is this a civil dispute, or was he really defrauded? That's what I want to know."
Wagstaffe said he expects his investigation to last a few weeks. If he determines the case belongs only in civil court, the charges against Racop will be dismissed. If Wagstaffe determines the charges have merit and believes Racop intentionally defrauded Anagnostou, the case will proceed in criminal court.
"We'll know more in a couple of weeks, I hope," Wagstaffe said.
Racop said he is exhausted but incredibly thankful for all the support, prayers and kindness from the community. He said the legal procedures have been confusing and added he is nervous about court on Friday.
"I have no idea what to expect," he said. "That's what makes it more scary and causes more trepidation. We'll do the best we can to keep our chins up, that's for sure."
