SAN JOSE — A Santa Clara County judge has thrown out an indictment against a top Apple security executive on the grounds that prosecutors failed to provide clear evidence that a proposed donation of 200 iPads to the sheriff’s office was a bribe to hasten the release of concealed-gun permits to the South Bay-based tech titan.
In a decision issued Tuesday, Judge Eric Geffon ruled that the criminal grand jury that indicted Thomas Moyer last November “could not have reasonably concluded that Moyer had a corrupt intent with respect to the donation of iPads to affect the issuance of CCW permits because he did not act to (sic) wrongfully to gain an advantage.”
Geffon gave a nod to the contention by Moyer’s attorneys that no bribery motive existed because the concealed-carry weapon permits eventually issued to four Apple security employees in early 2019 had already been approved by the sheriff’s office by the time he proposed donating iPads to the agency’s training division.
“As we have said from the outset, Tom is an honorable man who committed no crime,” Moyer’s attorney, Ed Swanson, said in a statement. “We are relieved and thankful that the court has found that Tom is blameless and has dismissed the entire case against him.”
In a statement, District Attorney Jeff Rosen said his office is standing by its case against Moyer.
“We believe that the criminal grand jury – the 19 citizens who heard direct evidence and from witnesses in this public corruption case – correctly indicted Mr. Moyer for bribery,” Rosen said. “We stand by the grand jury’s decision and are evaluating our options.”
Moyer’s defunct bribery charge was part of a second round of indictments secured by the district attorney’s office alleging that top-level sheriff’s commanders — benched Undersheriff Rick Sung and sheriff’s Capt. James Jensen — held up the release of approved concealed-carry permits to extract favors from high-profile and well-heeled recipients.
A parallel indictment announced alongside Moyer’s alleged that Sung held up a 2019 CCW renewal for businessman Harpreet Chadha until Chadha gifted over his San Jose Sharks luxury box so that Sheriff Laurie Smith…