A witness who could provide damning testimony at the trial of former State Sen. Otoniel “Tony” Navarrete on charges of sexual misconduct with children has been far from cooperative, despite the fact she is the victims’ grandmother, according to court records.
She is also Navarrete’s mother and the person who posted $50,000 cash to secure his release from jail pending trial.
Navarrete, 37, was charged in August 2021 with multiple felonies related to sexual misconduct involving two boys between 2018 and 2019. Both boys were under the age of 15 when most of the offenses are alleged to happen, which qualifies under Arizona law as a dangerous crime against children.
Phoenix PD investigators believe Navarrete’s mother, Yolanda Vargas, had knowledge of the allegations of yearslong sexual abuse before the authorities were notified. When questioned by a detective about whether she knew of those abuse claims, “Vargas confirmed as much in her recorded interview,” the Maricopa County prosecutor noted in the filing.
Deputy County Attorney Michael Minicozzi plans to have Vargas testify on behalf of the prosecution. As a result, Vargas was designated earlier this year as a material witness, meaning she is believed to possess information of a strong probative value that other witnesses do not possess. Not having Vargas’s testimony puts the State’s case at risk.
But getting Vargas to participate in a deposition in advance of Navarrete’s upcoming Sept. 19 trial has not worked out. She is now under the third court order to meet with Minicozzi, this time on Sept. 8.
A deposition is an opportunity for one or more parties to question a witness under oath and on video without a judge present. What is said during a deposition can often be admitted as evidence at trial if a witness becomes uncooperative or unavailable, or to impeach a witness’s testimony.
On April 5, Judge Warren Granville issued the first deposition court order, requiring Vargas to appear on May 5 at the Maricopa County Attorney’s Office. “At this deposition, Ms. Vargas is required to answer questions relevant to this matter,” Granville ordered.
But the deposition never took place, forcing Minicozzi to go back to Granville for a second court order. Navarrete’s attorney, Adam Feldman, joined in the request.
Minicozzi detailed to the judge the multiple attempts undertaken by Phoenix PD and the Pinal County Sheriff’s Office to serve Vargas with the first order. These efforts included various visits to her last known address, leaving voicemails, dropping off contact cards at several locations, and even asking family members to pass along messages to Vargas.
“Those family members confirmed later that the message was conveyed. However, investigators never heard from Ms. Vargas,” Minicozzi wrote. “Based on what occurred, investigators concluded that Ms. Vargas was taking steps to avoid service of the deposition order.”
Granville issued the second order, demanding Vargas appear for a deposition on July 21. Then a third order was issued last week, setting the Vargas deposition to Sept. 8, the same day Navarette is scheduled to be in court for a settlement conference at which plea deal negotiations take place.
Navarette’s arrest stems from statements made Aug. 4, 2021, by two of his male relatives. The older of the two, referred to as Victim A, described several incidents of sexual abuse over about a three-year period in the boys’ home.
Victim A “recalls feeling fearful, unsure of what to do,” Officer Javier Quezada wrote in the probable cause statement supporting Navarrete’s arrest. “The victim suffers from anxiety and anger issues stemming from the abuse.”
Quezada also documented a recorded call from Aug. 5, 2021, in which one of the boys confronted Navarrette about his actions.
“Otoniel said he is regretful and not happy for his actions having to live with them for the rest of his life,” Quezada wrote. “Otoniel told the victim it should not have happened, with it not being (the victim’s) fault or anything that (the victim) did.”
A few hours later, Navarrete was taken into custody by the Phoenix PD Fugitive Apprehension Team. He was given a Miranda Warning and declined to be interviewed by the case detective.
Navarrete was released from jail after his mother posted bail. His movements are supervised by a GPS monitor and the Maricopa County pretrial services unit. He may not have any unapproved contact with minors or any of the known witnesses in the case.
Navarrete was also ordered to surrender his passport, although earlier this month he secured a judge’s permission to travel to Mexico.
A Maricopa County grand jury indicted Navarrete for one count of molestation of a child as well as five separate counts of sexual conduct with a minor involving Victim A between July 2017 and June 2020. A seventh felony charge of attempt to commit child molestation involving Victim B lists an offense date range of May 2018 to August 2019.
Navarrete resigned his seat in the Arizona Senate five days after his arrest.