On March 22, 2005, Ayala alleged that she had found a severed human finger in her
chili con carne at a
Wendy's location in San Jose. After an investigation by the Santa Clara County Medical Examiner's Office and the
San Jose Police Department, it was determined that the finger did not come from a Wendy's employee, or from any employee at the facilities that provided ingredients for the chili. Though early reports suggested that the finger was "fully cooked", the Santa Clara County
coroner's office initially concluded that the finger "was not consistent with an object that had been cooked in chili at 170 degrees (
Fahrenheit) for three hours." The
Las Vegas Metropolitan Police Department sent a team of about 12 officers to Ayala's home in
Las Vegas, Nevada, on April 6, 2005, handcuffing Ayala and other people in the house. Ayala's 13-year-old daughter received a shoulder injury while being handcuffed. The
Associated Press then revealed on April 8 that Ayala had previously filed numerous lawsuits against various businesses. Las Vegas police arrested Ayala on April 21, 2005, the same day Wendy's completed its internal investigation finding no evidence that any employee was involved with the finger. Ayala was charged with felony attempted grand theft related to the Wendy's incident and grand theft over fraudulently obtaining $11,000 in 2002 from selling a San Jose
mobile home that she did not own. In their criminal
affidavit against Ayala, Santa Clara County prosecutors reported that the county coroner's analysis of the finger found no evidence that it was cooked in chili and that Wendy's estimated losses of over $30 million since Ayala first made her claim. Additionally, management of that San Jose Wendy's said that revenue declined nearly 50 percent as a result of Ayala's claims and forced the cutting of employees' hours. Immediately following the arrest, Wendy's held a promotion offering customers free
Frosty desserts at Bay Area restaurants on the weekend of April 22 to 24. Wendy's followed up taking this promotion national for the weekend of May 13 to 15. The
San Francisco Chronicle confirmed on May 18, 2005, that the finger belonged to Brian Paul Rossiter, an associate of Ayala's husband. Rossiter had lost his finger in an industrial accident at an
asphalt company in December 2004 and had subsequently sold the finger to Ayala's husband to settle a debt. On May 24, 2005, Ayala's husband Plascencia was charged by Santa Clara County with conspiracy to file a false charge and attempted grand theft with excessive damages, for his role in buying the finger and planning to plant it on restaurant food to set up an extortion. At the time of the charges, Plascencia was detained in Nevada jail on charges of unpaid child support. On September 9, 2005, in Santa Clara County court, Ayala pled guilty to charges on conspiracy to file a false insurance claim and attempt grand theft related to the Wendy's case, and fraud related to the mobile home sale. Plascencia pled guilty to the same conspiracy and grand theft charges, in addition to charges from other cases on failing to pay child support,
child abandonment,
identity theft, and official document fraud. On January 18, 2006, Ayala was sentenced by county judge
Edward Davila to nine years in state prison. Judge Davila also sentenced Plascencia to 12 years and four months in prison and ordered both Ayala and Plascencia to pay nearly $21 million in restitution to Wendy's. Ayala was subsequently banned for life from all Wendy's locations. In her appeal to reduce her sentence, the
California Sixth District Court of Appeal agreed with her claim that Judge Davila could not add five years for "aggravating circumstances" without corroborating conclusions by a jury and consequently issued an order on September 21, 2007, to resentence Ayala. In 2008, Ayala was resentenced to four years; she was released on parole in April 2009 and began living in San Jose. ==Aftermath==