Finger in Wendy's chili case traced to man's hand

SAN JOSE, Calif. — The mysterious finger that a woman claimed to have found in a bowl of Wendy's chili came from one of her husband's male friends in Nevada, who lost the digit in an industrial accident, police said yesterday.

"The jig is up. The puzzle pieces are beginning to fall into place, and the truth is being exposed," Police Chief Rob Davis said.

The discovery of the finger's owner marks a significant break in a case that has confounded authorities for nearly two months, ever since Anna Ayala claimed she bit down on the well-manicured, 1-½-inch fingertip in a mouthful of her chili at a San Jose Wendy's.

The case became the buzz of the Internet and late-night talk shows and spawned numerous bizarre theories about the source of the finger, including one about a Pahrump, Nev., woman whose fingertip was bitten off by a spotted leopard kept as a pet.

Authorities said last month that they believed the story was a hoax, and they arrested Ayala, 39, at her Las Vegas home and charged the mother of two with attempted grand larceny for allegedly trying to shake down Wendy's. But the owner of the finger remained a mystery.

JOANNE HO-YOUNG LEE / SAN JOSE MERCURY NEWS Anna Ayala waves to media from a holding cell Monday in Santa Clara County Superior Court in San Jose, Calif. She's charged with attempted grand larceny for allegedly trying to shake down Wendy's.

The owner was traced through information given to a Wendy's hot line May 4, Davis said. He said the man lost the finger in December, and authorities "positively confirmed that this subject was in fact the source of the fingertip." The nature of the industrial accident was not disclosed.

The Nevada agency that investigates industrial accidents has no record of a worker injury such as the one San Jose police described, said Tom Czehowski, chief administrator of the state Occupational Safety and Health Administration. Nevada employers are required to report only deaths or injuries causing the hospitalization of three or more employees, he said.

Davis said the Nevada man, whose name was not released, is cooperating. The police chief would not say if the man was in on the alleged hoax.

Investigators initially had believed the finger fragment was a woman's because the nail was well-trimmed.

Police believe the man gave the finger fragment to Ayala's husband, Jaime Plascencia, who was arrested this month on identity-theft charges unrelated to the Wendy's case.

During the investigation, Wendy's said no employees at the San Jose restaurant had missing fingers, and no suppliers of Wendy's ingredients had reported finger injuries. Authorities reported that there was no evidence the finger had been cooked, and also said Ayala had a history of filing claims against businesses.

Calls to an attorney for Ayala and Plascencia were not immediately returned. Ayala, who waived extradition from Las Vegas and has been in jail in Milpitas, Calif., on $500,000 bail, has declined requests for interviews. Wendy's also did not immediately return a call to its Dublin, Ohio, headquarters.

Authorities are considering additional charges against Ayala and her husband, Davis said. "We are exploring all other options and avenues available to see that those involved in this charade will be investigated," the police chief said.

Wendy's has offered a $100,000 reward and has said it has lost millions in sales since Ayala made the claim while visiting her family in San Jose. Dozens of employees at the company's Northern California franchises have been laid off.

The franchise where the finger claim was made saw an immediate 60 to 70 percent drop in business, said Stephen Jay, marketing director at JEM Management, which owns the restaurant. Business is still off 20 percent, he said.

The company is offering customers across the country free Frosty Jr. shakes this weekend in an attempt to lure customers back and regain their trust.

Wendy's has not given out the cash reward. Company spokesman Bob Bertini said officials need to talk with police to determine who should receive it.

In a statement, the company praised San Jose police and said the latest evidence vindicates its employees.

"We strongly defended our brand and paid a severe price," said Tom Mueller, Wendy's president of North America. "We are extremely proud of our employees and franchisees who have suffered the most, and we are forever grateful to our many customers who have supported us during this difficult time."

Knight Ridder Newspapers provided background for this report.