Poway Councilmember Tony Blain charged with four felonies days before recall election

POWAY, Calif. (FOX 5/KUSI) — The San Diego County District Attorney’s office has filed five charges, including four felonies, against embattled Poway City Councilmember Tony Blain.

The criminal charges come less than two weeks before voters in Blain’s district vote in his recall election which is part of larger political saga that’s been going on for nearly a year. 

“Surprised and not surprised. Surprised at the timing, but not at all surprised by the charges. These are very serious felonies," said Poway Mayor Steve Vaus when describing his reaction to learning about the indictment.

On Friday, the DA's office charged Blain with perjury, asking for a bribe, soliciting a bribe and destruction or removal of public papers along with misdemeanor petty theft. The charges cover incidents from September 2024 through July 2025.

Prosecutors said Blain swore to the Fair Political Practices Commission that he was a sitting councilmember before being elected.

Ethics attorney Bob Ottilie called the charge a big deal during an interview with FOX 5/KUSI.  

“You hardly ever see perjury charged. From a legal perspective and the importance we attach to legal-type documents I think that’s a huge charge and it reflects very poorly on his character,” Ottilie said.

The complaint also alleges that Blain asked for a bribe and offered and agreed to a bribe when he agreed to vote in favor of appointing councilmember Peter De Hoff as deputy mayor in exchange for De Hoff’s vote in favor of a special election to fill a council seat vacancy. 

“I think the two bribery charges would be the most serious and they would be the ones that he would get the longest sentence on if he’s sentenced to jail or prison," Ottilie said.

The charging document also said Blain knowingly destroyed communications relating to city business that were subject to disclosure under the California Public Records Act.

Blain also faces one misdemeanor count for allegedly stealing campaign signs. 

“It may be in a case like this that they would offer him a deal that would avoid prison time if he resigned. His problem from a leverage standpoint is my bet is he’s going to be recalled," Ottilie said.

Blain faces up to four years for the perjury and bribery charges, up to three years for destroying public records and six months for the misdemeanor.  

“This is tough for the city of Poway, but we’ve got a great team, and we continue to get the people’s work done," Vaus said.

This all comes as District 2 voters gear up for a special election on Nov. 4. 

John Mullin, who has been leading the recall effort against Blain, said the indictment validates their efforts. 

“He missed the deadline to answer our notice of intent to recall and then he missed the deadline to file a statement within the ballot, so in each case when he’s had a chance to defend himself, he’s dropped that ball," said Mullin, who is the co-chair of the Recall Tony Blain Committee.

FOX 5/KUSI reached out to Blain and his attorney for comment but have not heard back. 

Meanwhile, the district attorney's office said Blain's arraignment has been scheduled for Nov. 3, which is a day before the special recall election.