By admin 
TUCSON, Ariz. (13 News) – The owner of a Tucson upholstery shop will had his case dismissed after completing a diversion program through the Pima County Attorney’s Office.
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Eduardo Chavez of Chavez Since 67 was indicted by a grand jury in August after a customer accused him of theft.
According to court documents, the case was dismissed with prejudice in April after he finished his diversion program.
With prejudice means the case is permanently closed.
Previous coverage is below and in the video player.
Part of the diversion process is paying the customer, Fred Erickson, back in full. Erickson paid $2,500 cash up front to have Chavez reupholster two accent chairs in January.
When the estimated start date on the contract passed, Erickson says he and his wife were ignored by Chavez or met with excuses. In July, Erickson filed a police report which led to a grand jury indictment for theft.
Chavez pleaded not guilty at his September arraignment and continued accepting new customers at the upholstery shop. After several court dates, his attorney worked out a diversion plea with the prosecutor to avoid trial.
“In general, when a defendant enters a diversion program as an alternative to prosecution in court, numerous conditions in addition to making full restitution must be met to complete the diversion process,” a spokesperson for the Pima County Attorney’s Office said. “Once all of the conditions are met, the case can be dismissed.”
Erickson, the victim in the case, confirms he recently got a full refund.
“Rebecca, thank you for your help getting me made whole,” Erickson said in a statement.
Other specific requirements of Chavez’s diversion program were not immediately available but can include education classes and counseling. If requirements are not met, the case can proceed.
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Chavez and his attorney declined requests for comment.
Additional customers share similar experiences
Additional Chavez Since 67 customers reached out after the story first aired. These customers are not involved in the criminal case against Chavez, but they share similar experiences.
Susan DeHart paid $3,600 to reupholster nine chairs in 2023. By August, Chavez still hadn’t finished three of them. DeHart now says Chavez completed the work earlier this month. She says he did an “excellent job.”
Another customer, Jill Jensen, is still awaiting resolution. Jensen says she and her husband paid nearly $3,000 in July 2024 for custom drapes to replace curtains in their TV room.
Like previous customers, Chavez told the Jensens to write the check to him personally, saying his credit card machine was broken. The contract promised completion in 4-8 weeks.
The Jensens say month after month, Chavez came up with excuses. Six months later, they took him to small claims court. Records show the Jensens won a default judgment in March, but Chavez still hasn’t paid.
“So, the judgment was for us, but small claims court doesn’t have any teeth to it,” Jill Jensen said. “It doesn’t say that he would have to pay us within 90 days or anything like that. Just that we had won the judgement. So, then we went further and put a lien on this property.”
After serving him, the Jensens say they got a text from Chavez apologizing. He promised to start paying them in May, but haven’t heard from him since.
“What stops him from doing this again to people?” Jensen said.
Multiple court judgments found
Court records show Chavez has multiple default judgments against him, including two additional liens and one garnishment in Pima County since last year. Five liens filed with the Secretary of State date back to 2021.
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Chavez has not responded to requests for comment.
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