Top left – Source: Leyva for Council campaign. Top right – Leyva with his oldest grandson. Source: Leyva personal Facebook page posted March 25, 2014. Bottom – Copy of campaign mailer by independent expenditure committee supporting the re-election of District 1 Councilman Kenneth Lambert.
Candidate estranged from son, grandchildren
Charge for 2007 incident reduced from inflicting corporal injury to challenging or fighting in a public place
(Editor’s Note: When serious accusations are made against a candidate for office, elected or any government official or frankly, anyone else in the news, I always offer them the opportunity to give their side of the story and include it in my reporting, which I’ve done as a publisher and editor for the past 19 of 24 years. I offered the same to Mr. Leyva and told him I would be fair and include his side in my report, which I have. Furthermore, I believe issues in a candidate’s distant past should no longer matter if the person has changed and not repeated their actions. The unfortunate negative information about Mr. Leyva is only being reported now and by me due to it being mentioned in an opposition campaign against him and to give him the opportunity to provide his side of the story, and because what he has shared about it is disputed. Please see below).
LOS BANOS — With a ballot designation of Retired Lightrail Transit Operator on the list of candidates provided by the Merced County Elections Office, Tommy Leyva is challenging Los Banos Mayor Pro Tem and District 1 City Councilman Kenneth Lambert in the November 5th election. According to his campaign Facebook page, he’s running on several issues including: Accessibility and Transparency, Pro-Labor and Job Creation, Zoning and Smart Development, Public Engagement, Youth and Community Development, Fiscal Responsibility and the Recall for Accountability.
Says He’s Backed But Not Recruited by Councilwoman Lewis
It’s been rumored he was recruited to run by District 4 Councilwoman Debora Lewis. Asked about that, Leyva said, “I had numerous people ask me to run. She backed me on it when I made the decision to do it. She endorsed me. It was my decision to do this.”
Troubled Past, Present
Accusations against Leyva have surfaced and been leveled during the campaign showing the first-time candidate has a troubled past and present. Although an incident between him and his then-wife occurred 17 years ago, an independent expenditure committee supporting Lambert has mounted a campaign revealing details about it. In addition, Leyva is estranged from his son and two grandsons who do not have any contact with him.
According to a court document, on June 10, 2007, Leyva was arrested for inflicting corporal injury which was later reduced to the charge of challenging or fighting in a public place, although it occurred at the couple’s home. He was convicted and sentenced the following year for the reduced charge to which he pled no contest and had to pay fines and restitution of $130.
A Facebook page entitled, “Lambert for Council” was created highlighting the incident and a copy of a possible mailer was received by this reporter, recently accusing the first-time candidate of being a “Wife Beater” who was “Arrested, Charged, Convicted.” It was paid for by the independent expenditure (IE) “Committee to Revitalize Los Banos: Lambert for Council”. The front of one of those possible mailers was shared with Leyva, and some of its content now appears on the IE committee’s Facebook page supporting Lambert.
Facebook page supporting District 1 Councilman Kenneth Lambert’s re-election created the independent expenditure Committee to Revitalize Los Banos: Lamber for Council. Screenshot
Leyva’s Background as a Construction Superintendent, Bus Driver, Union Organizer, Denies He Was Fired
On his personal Facebook page it reads, “Worked at Santa Clara Valley Transit Authority” and “Worked at Valley Transportation Authority” (VTA), he’s from San Jose and attended Andrew P. Hill High School, which is located in San Jose. Leyva was asked if what he shared refers to the same agency or if they are different. He said they’re the same and that the agency had changed its name.
In addition, the search also revealed, according to Transparent California, that as of 2022, Leyva receives a pension from VTA. He then worked for two bus companies including Bauer’s, a private charter and school bus service company.
During the League of Women Voters candidates’ forum in September, in response to the question, “What life experiences have you had that you think have prepared you to be an effective, elected city official?” Leyva provided more details about his background. He said, “My experience is I was a superintendent for a construction company for about 10 years. Then I went to work for the public as a bus driver for 23 years and I was involved with the union, Amalgamated Transit Union. And when I retired from there, I went into driving charter buses and brought the union, the Teamsters Union. I negotiated the contract with the Teamsters for the company, the employees.”
“Being involved with getting the Teamsters in there and getting the benefits that the employees needed and working with the public and I feel that I could do a pretty good job working with the public, here,” he added.
However, a source close to Leyva who chose to remain anonymous, but is not his son, said the candidate didn’t retire from the VTA, but was fired and was also fired from both jobs with the bus companies for which he subsequently worked. Asked about those claims Leyva responded, “I was not terminated from any of the bus companies. None of them.”
Stacey Handler-Ross, Public Information Officer with VTA was asked today, Thursday, Oct. 24, to verify that information. She did not respond prior to publication time.
Personal Background, Estranged from Son and Grandsons
According to an online search, Leyva is 68 years old and was born on July 18, 1956. During the candidates’ forum Leyva shared, “I’m from San Jose. I was born and raised in San Jose and moved to Los Banos. I’ve been here for about 10 years. I really like it, here and I want to try to make things better for the public and do whatever I can to help the community thrive.”
Following the publication of the article about Leyva in the Oct. 18th print edition of the Enterprise, an email was received by the Enterprise from his son, Andrew Leyva on Saturday, Oct. 19th. The son wrote, “To whom it may concern, I am writing on behalf of myself and 2 sons regarding the candidate Tommy Leyva. He is my father but we have ZERO CONTACT WITH HIM. Please remove any mention of him having a son and grandchildren immediately. Andrew.”
The candidate was asked about that and the incident with his ex-wife. Leyva was also asked, “Did you have a drinking or anger management problem which led to the incident? If so, did you seek help?”
He was also asked, “Although it occurred 17 years ago, is that what led to your divorce and your estrangement from your son and grandsons?”
Leyva was also asked, “Is the baby with you in your photo on Facebook dated 03-25-14 one of your grandsons? If so, did something else besides the incident with your ex-wife in 2007 cause the estrangement?”
Finally, Leyva was asked to share any other details and respond by 4:00 p.m. on Tuesday, Oct. 22 to have what he wanted included in this article.
Tommy Leyva’s campaign Facebook post on Tuesday, Oct. 22, 2024. Screenshot
Leyva Posts Information About Incident with Ex-Wife on Facebook
Before the research for this article was finished, including speaking with Leyva’s attorney at the time, Dennis Luca, for whom he provided his name and phone number and to whom a call was made late Tuesday afternoon, and his ex-wife to get her side of the story, Leyva posted the following comment on his campaign Facebook page:
“To the Residents of Los Banos,
Today I was contacted by a reporter from the Los Banos Enterprise who made it clear that the paper intends to spread false and defamatory claims about me. This reporter shared that the Committee to Revitalize Los Banos: Lambert for Council intends to circulate a mailer labeling me a “wife beater.” This is completely false.
Despite providing the reporter with the facts, they refused to accept the truth.
Here are the facts: Seventeen years ago, during a very difficult marriage, I was involved in an incident with my now ex-wife who struggled with addiction. I pleaded not guilty to the charge of inflicting corporal injury, a crime I did NOT commit, and after due process the charge was reduced to fighting in public. I paid a $130 fine. I was NOT convicted of domestic violence. The PAC’s use of the term ‘wife beater’ is completely false and defamatory.
I know that many of you understand how addiction can damage a family. I moved to Los Banos after leaving that marriage, hoping to leave that difficult period of my life behind me. But it’s clear that my opponents will stop at nothing to smear my name and distract from the real issues at hand.
I will not be intimidated. I stand by my commitment to serve District 1 with integrity. This election is about improving our community—focusing on safer neighborhoods, more economic opportunities, more recreation, and a stronger future for Los Banos. Don’t let these attacks distract from the work that needs to be done.
Thank you for your continued support.
Sincerely,
Tommy Leyva
Candidate for District 1, Los Banos City Council
However, his claim that the Enterprise “refused to accept the truth” is incorrect as this article was not completed until two days later on Thursday, October 24, 2024.
Leyva Denies Domestic Violence
While he did call back on Friday, Oct. 11, after returning from a camping trip, this reporter was not available at that time for an interview. Unfortunately, Leyva chose not to answer or return additional calls attempting to obtain his response to other accusations regarding his work history that have been made about him. So, that information was not included in the article about him that appeared in the Oct. 18th edition of the newspaper.
Leyva finally called back again on Tuesday, Oct. 22 after receiving the emailed questions sent to him on Monday, Oct. 21.
Leyva provided the following information about the 2007 incident with his then-wife.
“I was charged with domestic violence against my wife. But I was not convicted. I was exonerated,” he said.
After looking at the mailer Leyva said, “This isn’t right. I never touched her or did anything to be a wife beater.”
Asked if he had seen the mailer he said, “No. None of my neighbors got it, either. They would have asked me about it.” But it was later learned by this reporter that the mailer had yet been sent out.
“What it is, I was charged with domestic violence,” he said. “They changed it to disturbing the peace and I paid a $130 fine. The reason it was changed because the neighbor came out and the police talked to him, and he told them what was going on. He came out to intervene.”
Asked if he had a drinking or anger management problem and had to seek counseling he said, “I didn’t have to do any of that. I am not an alcoholic. I have a beer once in a while.”
“My wife was the alcoholic and the one who had the anger management problem,” Leyva continued. “She was drunk. We had a situation. The police were called, and they tried to charge me with domestic violence. We went to court and went through the legal process, and it was dropped.”
Asked about his son and who he lived with following the incident Leyva said, “During the time between our separation and divorce my son lived with me. This divorce was a very nasty divorce. Our divorce was finalized in July 2012. We were not together during that time.”
“This is stuff that I put behind me and I came to Los Banos to get away from it,” Leyva added.
“The District Attorney and my attorney and the judge said they have to charge me,” Leyva continued. “The Deputy DA’s boss had to take over for her because she was in class the day we went to court, and he asked why are we even here. They had no case. My attorney said they were going to drop it to disturbing the peace. That’s what the penal code on there is.”
An effort to reach Leyva’s attorney was unsuccessful prior to publication time.
The Facts
But Leyva wasn’t exonerated, his Surety Bond was the following March, as shown in the court documents about the incident.
(Full Register of Actions)
According to the Register of Actions for the case, the charge filed against him on July 18, 2007, was PC273.5(A)-M-INFLICT CORPORAL INJRUY by the Sunnyvale Department of Public Safety. An arrest warrant was issued by a judge for Leyva and he was served with it about a month later on August 16. His bond was set at $7,500. The charge was later reduced to “CHALLENGE/FIGHT IN PUB PLACE” and listed as PC415(1), referred to as disturbing the peace, to which Leyva pled “Nolo contendre” meaning, no contest or no defense.
Asked if it happened in public Leyva said, “No” and that it happened at their home.
Won’t Talk About Estrangement
Asked about the photo of him and the little boy posted on the candidate’s personal Facebook page in 2014, if that’s one of his grandsons and when the estrangement with his son and grandchildren occurred, he said, “That’s my oldest grandson who was one year old at the time. We lived together until 2019 when something happened.”
The “we” referred to Leyva, his son, daughter-in-law and grandsons.
“It was something personal between myself and my son,” he stated. But the candidate didn’t want to say anything further about the matter.
Member of LBPD VITAL Volunteer Program
Leyva shared that he’s been part of the Los Banos Police Department’s Volunteers Interacting To Advance Law Enforcement, VITAL Volunteer Program since last year.
“When I went through the interview for the VITAL Program for the LBPD, Chief Brizzee and Commander Melden were both in the interview and the chief asked me about this and I told them it was not a domestic violence. He said, ‘Yeah. I see everything here. It dropped from domestic violence to disturbing the peace.’”
“He asked me if I was handcuffed and put in the back seat of a patrol car and I said, ‘no’,” the candidate continued. “If it had been domestic violence I wouldn’t been accepted into the program.”
Asked how long he served as a volunteer Leyva said, “I’ve been part of the VITAL program since March 2023 when I got my ID card.”
Ex-Wife Responds with Completely Different Story
When reached for comment about the accusations by Leyva his ex-wife, who asked to not have her name mentioned, said, “Our son had sent me stuff about this, yesterday. I am horrified that this has come out.”
“I will let you know that Tommy was fired from VTA. But prior to his being fired he was always in trouble. But the union helped him keep his job.”
“He’s always had problems like that. He was fired from the three last jobs he had,” she continued.
She also shared that following the incident, “Tommy was ordered to do anger management,” refuting his claim.
“Tommy is five-foot-eight and at the time was about 260 pounds. I’m four-foot-seven. I always knew when to keep my place,” his ex-wife explained.
“I never told my experience with Tom to anyone, ever,” she stated.
Asked if Tommy had hit or hurt her, she said she didn’t want to say.
“The first incident I don’t remember. I do remember the neighbor called the police,”
Asked about his accusation that she was an alcoholic and drunk at the time of the incident she said, “I’m not an addict. I don’t have a problem.”
“That was the first incident and then we were separated for three years. I moved out,” she shared. “Then I left permanently.”
“That was 14 years ago,” she added with a sigh.
Transportation – Supports Bypass Road for Truckers
Since it wasn’t mentioned during the candidate forum and isn’t included in Leyva’s campaign platform, he was asked about transportation issues and what his solutions are for Los Banos. Asked if he supports the bypass road on the south side of the city Leyva responded, “I think we need to get the truckers off 152.”
Finally, asked about having a high-speed rail station to locate and serve the city’s residents and businesses he said, “I would have to know more about the high-speed rail stop before making a decision.” But the candidate wanted to make sure it connected to Gilroy as “that will help get the commuters going to San Jose off the road,” Leyva added.
Lambert Distances Himself from Attack on Leyva, IE Committee’s Campaign
However, Lambert has denounced both the attack on Leyva and said he has nothing to do with the IE campaign. In a post on his official Facebook page on Wednesday, Oct. 23, the District 1 incumbent wrote:
“The ‘Lambert for Council’ Facebook page is not affiliated with me in any way, nor do I endorse or support the propaganda being posted about my opponent.
I have reason to believe this page is controlled by, owner of the Los Banos Enterprise, who also serves as the officer for several political action committees, including the absurd recall in Los Banos. As we all know, these political action committees, as well as the recall, are orchestrated and funded by a local housing developer looking to take control of our city.
For the record, my official campaign signs are exclusively blue and red. Any signs bearing my name in other colors are unauthorized and are attempts by a local housing developer to hijack my campaign.”
In response to the post on Leyva’s campaign Facebook page, Lambert wrote to this reporter, “I am not a mud slinger I just saw the FB page and I do not condone this, this type of stuff is what hurts my business.
“I made a statement because it aggravated me and I don’t condone this,” the councilman continued. “I want to win fairly not trash talking.”
“This campaign has drove my business to its lows and it is hurting me, it just not the way I want to win this election.
We all have things that happen in the past,” he added.
When informed of the IE committee supporting his re-election and the $15,000 contribution from Biltmore Group, LLC in Phoenix, AZ shown in the committee’s Form 497 report dated Oct. 19, Lambert responded, “I have nothing to do with this nor do I even know who it is.”
When informed that candidates and their committees can’t know about or coordinate with IE committees supporting them, the District 1 Councilman responded, “I see. Why would they want to put that much money towards me?”
For more information about Leyva’s campaign email [email protected] or visit his campaign Facebook page.
The election is Tuesday, November 5th.
Please check back later for any updates to this report.
