Charges dropped in convenience store theft

Authorities this week dropped charges against a man who had been accused of helping steal $32,000 from a Costa Mesa convenience store.

Felony counts of conspiracy and grand theft against 37-year-old Jose Zarate Alvarez were dismissed Tuesday, but the Orange County district attorney’s office is still pursuing charges against a woman identified by police as a co-conspirator in the theft.

In August, police arrested Alvarez and Nora Cortez Mercado, 36, believing that they had created a story about a carjacking and robbery so they could steal a bank deposit from a 7-Eleven store that Mercado managed near Orange Avenue and East 17th Street.

Susan Kang Schroeder, chief of staff for Dist. Atty. Tony Rackauckas, said prosecutors may refile charges against Alvarez, but his lawyer insists the allegations were dropped because of a lack of evidence.

“All they have is hearsay,” said defense attorney Stacie Halpern.

According to Halpern, the only evidence against Alvarez came from Mercado trying to deflect blame

“She had pointed the finger at several people, including her own brother,” Halpern said.

Despite a clean criminal record, Alvarez now faces deportation because of the case, Halpern said.

An attorney representing Mercado could not be reached for comment Friday.

Mercado still faces two felony conspiracy charges. She’s free on $20,000 bail.

Alvarez had remained in jail from the time of his arrest Aug. 9 until the charges were dismissed.

The investigation began, police said, when Mercado reported that she’d been the victim of a carjacking on Aug. 4 and that a masked gunman had stolen the money and her 2003 Chevrolet Malibu.

During a follow-up interview, police discovered discrepancies in her story, they said. Suspecting the carjacking was staged, they arrested Mercado.

Alvarez turned himself in soon afterward, police said at the time.