Update: Andrew Z’s lawyer disputes violation allegations
Wednesday, July 27th, 2011Radio host Andrew Zepeda will appear in court this week for a hearing regarding a possible violation of his intervention in lieu of conviction.
Zepeda’s attorney said he does not believe Zepeda was in violation of the terms.
The hearing is set for 11:30 a.m. July 29 before Judge Alan R. Mayberry at the Wood County Court of Common Pleas in Bowling Green.
The petition submitted July 15 by the Wood County Prosecutor’s Office states Zepeda violated the conditions of his intervention in lieu of conviction, which stipulate Zepeda “shall not frequent any establishment serving alcoholic beverages or associate with those who are consuming alcoholic beverages.”
According to the petition, Zepeda was seen at Fat Fish Blue/Funny Bone on June 23 by a Perrysburg Police Division detective and also appeared on restaurant video surveillance July 2.
The prosecution also states Zepeda took part in the filming of a local music video at Quimby’s at the Park in May and appears in the video “drinking what appeared to be champagne.”
Subpoenas to appear at the hearing were issued for the managers of Quimby’s at the Park and Fat Fish Blue/Funny Bone.
Zepeda’s attorney, Beau Harvey, said Zepeda did not enter Fat Fish Blue/Funny Bone on June 23, but greeted people outside the building. He said Zepeda did enter the venue July 2, but only to meet with the performing comic as a potential radio show guest.
In response to the video shoot at Quimby’s, Harvey said the bar was closed and Zepeda was holding a glass of water. He said Zepeda did not consume alcohol or illicit drugs on any of the occasions.
The music video, which shows large groups of people dancing and drinking in a club setting, features the song “One More Drink,” by local artist Yvonne Ramos. A link to the video was posted to Zepeda’s website, andrewzonline.com, as recently as mid-July.
Ramos said Zepeda was at Quimby’s for about 20 minutes in the morning of the all-day shoot and asked for ice water.
Harvey also said the terms of Zepeda’s intervention are contradictory as another stipulation is he must be employed and his job as a radio host sometimes requires him to enter a place where alcohol is served.
On July 15, prior to the hearing being requested, Harvey filed a motion to modify or clarify the terms and conditions of the intervention.
Harvey also said the Perrysburg Police Division seems to be expending more time and effort watching Zepeda than it typically does in determining whether someone is still eligible for intervention in lieu.
“I believe they’ve targeted Andrew to prove a point,” Harvey said.
On Feb. 4, Zepeda pleaded guilty to three charges in connection with a break-in at his business, Andrew Z’s Sportz Pizzeria, at Levis Commons in Perrysburg and entered an intervention program for alcohol abuse, which he completed in May.
All charges will be cleared from his record if he successfully completes his two-year supervision, but if he violates any conditions, he could face the charges again.
Wood County Prosecuting Attorney Paul Dobson said Zepeda can choose to waive the hearing, meaning he admits to the violations, or ask that a hearing be held.
If the judge determines Zepeda violated the conditions of the program, the judge may elect to allow Zepeda to continue in the intervention in lieu program despite the violation or he may accept Zepeda’s previously entered guilty pleas on the three charges.
If the judge accepts Zepeda’s guilty pleas, the judge has all the sentencing options available at Zepeda’s original sentencing, including incarceration. The sentencing could be done that day or the judge could set a separate sentencing date.
In November, Zepeda was charged with theft, complicity to breaking and entering, and failure to remit sales tax in connection with an October break-in at his Levis Commons pizzeria.
Other stipulations of Zepeda’s probation include that he undergo random drug and alcohol testing, attend Alcoholics Anonymous meetings and have no contact with David Wright or his uncle Paul Zepeda, the two others charged in connection with the break-in.
Zepeda debuted his new weekday morning radio show “Andrew Z in the Morning: The People’s Show,” on July 18 on Cumulus station 100.7 The Vibe. The contract was signed July 8.
Zepeda was formerly the host of one of the region’s top-rated morning show, “Andrew Z in the Morning” on 92.5 KISS FM. His noncompete agreement with Clear Channel expired July 1.














