A victim was seated adjacent to a pool table when a 58-year-old suspect swung a pool cue at him, striking him in the face and causing a laceration, according to the Costa Mesa Police Department.
The suspect then fled the scene on a bike.
This assault was quickly reported to police.
While patrolling the area, police officers located a possible suspect on the River Trail at Victoria St. The suspect saw the officers and rode south, out of sight.
A few minutes later, officers spotted him again, as did our park ranger who maintained visual contact of the suspect while directing officers to his location.
A sergeant and officer positioned themselves on the River Trail to intercept the suspect and upon seeing the officers, the man ditched his bike and attempted to flee.
The attempt to flee proved not to be possible.
The sergeant caught up to suspect and took him into custody for assault with a deadly weapon, causing injury to a senior adult, obstruction, vandalism, and an active warrant for drug possession.
Potential Legal Penalties Faced by the Suspect
- Assault with a Deadly Weapon (PC 245(a)(1))
- Felony: 2, 3, or 4 years in state prison and a fine of up to $10,000.
- Misdemeanor: Up to 1 year in county jail and a fine of up to $1,000.
- Additional Impact: A felony conviction under this section typically counts as a “strike” under California’s Three Strikes Law.
- Elder Abuse / Injury to a Senior Adult (PC 368)
- Felony: 2, 3, or 4 years in state prison.
- Misdemeanor: Up to 1 year in county jail and a fine of up to $6,000.
- Enhancements: If the victim suffered “great bodily injury,” the sentence can be increased by an additional 3 to 5 years.
- Obstruction / Resisting Arrest (PC 148(a)(1))
- Penalty: This is a misdemeanor punishable by up to 1 year in county jail and a fine of up to $1,000.
- Escalation: If the flight involved threats or violence, it could be elevated to a felony under PC 69, carrying up to 3 years in prison.
- Vandalism (PC 594)
- Damage $400 or more: Can be a felony (up to 3 years in prison) or a misdemeanor (up to 1 year in jail).
- Damage under $400: Typically a misdemeanor punishable by up to 1 year in jail and a $1,000 fine.
- Active Warrant for Drug Possession
- The penalties for this will depend on the specific substance and quantity involved in the original warrant. Possession of most controlled substances is now a misdemeanor in California under Proposition 47, punishable by up to 1 year in jail.
Kann California Law Group +16
- The penalties for this will depend on the specific substance and quantity involved in the original warrant. Possession of most controlled substances is now a misdemeanor in California under Proposition 47, punishable by up to 1 year in jail.
Summary of Consequences
If convicted on the most serious felony counts for the assault and elder abuse, the suspect could face over 8 years in state prison, plus additional time for the misdemeanor obstruction and vandalism charges. The court may also order formal probation, restitution to the victim, and mandatory counseling.