A U.S. Customs and Border Protection agent told XBIZ that Elms on Monday attempted to walk through the border and presented a U.S. passport. (Monday was the first day of a new U.S. policy, requiring passports for re-entry to the U.S. from Mexico, Canada and the Caribbean.)
Customs agents identified Elms as a fugitive after running his name through their computers.
Phoenix police in a statement said that Elms fled the U.S. after posting bail of $150,000, possibly traveled to Dubai and then tried to return back to the U.S. through Mexico.
Elms was arrested in February on murder conspiracy charges after allegedly hiring a hit man to kill an online adult model who sued him last year.
Phoenix police said that Elms was seeking to contract out a hit to have a 32-year-old online adult model and escort killed, as well as a 62-year-old male webmaster who owns a competing escort review site.
The Long Beach, Calif., model, named as a Jane Doe in a lawsuit, said she feared for her life because her home address was allegedly published on TheEroticReview.com, which hosts escort reviews, site reviews, discussion boards and live chat.
In her civil complaint filed last year, Doe not only makes infringement claims but also includes charges of defamation and intentional infliction of emotional distress, because Elms allegedly used the model's real birth name in a domain name.
Doe, who owns a members-only subscription website through her Kentucky-based company BFN LLC, said that she learned of Elms’ website, which uses her real birth name and images of her, in March 2008.
The civil complaint alleges that “Elms directed his anger and vengeance at Doe because she refused to engage in sexual intercourse with him and because Doe refused to allow her name to be published on a website he controls.”
That case, which continues at U.S. District Court, has been delayed, with Elms' attorney recently withdrawing from the case.
In the criminal case, Phoenix police said a tape-recorded phone call was made from an informant to Elms, who agreed to hire subjects to commit a murder and purchase a firearm.
“On Feb. 15, the defendant arrived in Phoenix and met with undercover detectives and arranged for the assault on one victim, which involved breaking his legs,” police records said. “The second victim was a female who was to be either murdered or assaulted depending on the outcome of their court case.
“Defendant agreed to pay $3,000 for the assault and also paid $500 for the purchase of one-half ounce of cocaine. Defendant also wanted to purchase a Walther 22 handgun from either the informant or undercover detectives."
Elms was booked into Maricopa County Jail in February for one count of conspiracy to commit murder, one count of conspiracy to commit aggravated assault, one count of conspiracy to possess narcotic drugs for sale, one count of conspiracy to commit misconduct involving weapons and one count of possession of drug paraphernalia.
Elms now remains in custody in California, where he may face additional charges on a probation violation.