A 19-year-old probationer tried fleeing officers on an e-bike before ditching a loaded firearm near a school, according to the Tustin Police Department.
Officers caught up to him, recovered the gun, and gave him some “life advice” along the way.
The suspect was ultimately booked at the Orange County Jail for resisting arrest, felon in possession of a loaded firearm, possession of a firearm near a school, possession of narcotics for sale, and a probation hold.
Primary Felony Charges Faced by the Suspect
- Possession of a Firearm Near a School (PC 626.9): As a prior felon, possessing a firearm within 1,000 feet of a school is a serious felony punishable by 2, 3, or 5 years in state prison.
- Felon in Possession of a Loaded Firearm (PC 29800): This is a “straight felony” (cannot be reduced to a misdemeanor) carrying a sentence of 16 months, 2 years, or 3 years in county jail or state prison.
- Possession of Narcotics for Sale (HS 11351): This felony is typically punishable by 2, 3, or 4 years in jail. Because this charge involves “intent to sell,” the suspect is generally ineligible for drug diversion programs (treatment instead of jail).
Additional Charges and Holds
- Resisting Arrest (PC 148(a)(1)): Usually a misdemeanor, this adds up to 1 year in county jail and a fine of up to $1,000.
- Probation Hold: Since the suspect was already on probation, these new offenses constitute a probation violation. A judge can “revoke and terminate” his probation, potentially forcing him to serve the remaining time from his original sentence in addition to any new time handed down for these current charges.
Aggravating Factors & Enhancements
The suspect’s age (19) and prior felony status mean he likely faces formal felony probation if not sentenced to immediate prison time. Additionally, because the firearm was loaded and ditched near a school while fleeing, prosecutors may seek sentencing enhancements that could further increase his total time in custody.
