While thousands of people were forced to evacuate from much of Garden Grove, as emergency crews dealt with a nightmare hazmat situation, apparently criminals were having a field day robbing the abandoned homes.
The Garden Grove Police Department arrested seven burglary suspects during the state of evacuation, according to their Police Chief Amir El-Farra. He spoke about the arrests at a press conference on Monday.
One of the suspects was arrested for looting and the other six for prowling.
El-Farra assured the residents that the Orange County Distict Attorney, Todd Spitzer, will prosecute the suspects to the fullest extent of the law.
El-Farra also said that police will be present on an elevated basis throughout the city as the evacuation continues for homes and businesses closest to the chemical tanks at GKN Aerospace Transparency.
Legal Penalties Faced by the Suspects
Based on the official declaration of an evacuation order and California criminal law, the seven suspects arrested in Garden Grove face distinct criminal charges with severe statutory penalties.
Because the offenses were committed during an active state of emergency and evacuation order following the chemical leak at GKN Aerospace Transparency, Orange County District Attorney Todd Spitzer can prosecute them under enhanced emergency statutes.
1. Penalties for the Looting Suspect (1 Suspect)
Under California Penal Code Section 463 PC, looting is defined as committing a burglary or theft during an officially declared local emergency or evacuation order. Because the suspect targeted homes abandoned due to a disaster, the penalties are much steeper than standard theft.
Looting is a “wobbler” offense in California, meaning prosecutors can charge it as either a misdemeanor or a felony depending on the suspect’s criminal history and the value of what was stolen:
- Felony Looting (Commercial Burglary or Grand Theft): If charged as a felony, the suspect faces 16 months, 2 years, or 3 years in California state prison and a maximum fine of up to $10,000.
- Misdemeanor Looting (Petty Theft): If charged as a misdemeanor, the suspect faces up to one year in county jail and a fine of up to $1,000.
- Mandatory Minimum Jail Time: Even if the court grants probation, the law imposes a strict mandatory minimum of 180 days in county jail for looting-related burglary or grand theft (and 90 days for petty theft). This minimum can only be waived by a judge under extreme “interests of justice” exceptions.
2. Penalties for the Prowling Suspects (6 Suspects)
The other six suspects were arrested for prowling, which falls under California Penal Code Section 647(h) PC (Loitering to Commit a Crime). This charge applies to individuals who linger, wander, or prowl on private property without a lawful purpose, specifically intending to commit a crime (such as burglary) if given the chance.
- Misdemeanor Classification: Prowling is a straight misdemeanor under California law.
- Maximum Custody: Each suspect faces up to 6 months or 1 year in a county jail.
- Financial Penalties: A maximum fine of up to $1,000 per individual.
- Probation Conditions: While first-time offenders may receive summary (informal) probation instead of maximum jail time, the conditions typically mandate community service, paying restitution, or attending court-ordered counseling.
Overview of Legal Exposure
| Suspect Charge | Statutory Law | Crime Class | Maximum Jail/Prison Sentence | Maximum Fine | Special Conditions |
|---|---|---|---|---|---|
| Looting (1 Suspect) | PC § 463 | Wobbler (Felony or Misdemeanor) | Up to 3 years in State Prison (Felony) or 1 year in Jail (Misdemeanor) | $10,000 | Mandatory 90 to 180 days in jail, even if granted probation. |
| Prowling (6 Suspects) | PC § 647(h) | Misdemeanor | Up to 6 months to 1 year in County Jail | $1,000 | Summary probation, community service, or restitution. |