On Thursday, a suspect thought he could roll out of Panera Bread at Woodbury Town Center, located at 6372 Irvine Blvd., with an elderly woman’s purse, but he was mistaken, according to the Irvine Police Department.
After the theft, the suspect headed to Sephora at the Irvine Spectrum and treated himself to $1,600 worth of fragrances and gift cards.
Thanks to the Irvine Police Departments’ sharp-eyed loss prevention partners, the police officers assigned to the Spectrum were alerted of the fraudulent purchase and followed the scent to the suspect’s vehicle, noting the license plate number.
The Irvine Police Real Time Crime Center used their citywide license plate readers to trace the suspect’s car back to the area of Panera around the same time as the purse snatch. At the same time, Patrol reviewed Panera’s surveillance and sent over a photo.
The IPD Spectrum team compared the image with the man they were already following, and it appeared to be a match!
Officers pulled over and arrested Manuel Armando Cartagena Soto, 63, for burglary, and theft of access cards. They located the same matching clothing he wore at Panera and recovered some of the victim’s property.
Here’s a breakdown of the potential penalties the arrested suspect is facing for each charge, reflecting second-degree burglary:
1. Second-Degree Burglary (California Penal Code 459 PC)
Since the purse was taken from a restaurant, this would be considered second-degree burglary.
- Second-Degree Burglary (Felony): 16 months, 2 years, or 3 years in county jail or state prison.
- Second-Degree Burglary (Misdemeanor): Up to 1 year in county jail and/or a fine of up to $1,000.
2. Grand Theft from a Person / Grand Theft (California Penal Code 487(c) PC / 487 PC)
Stealing property directly from the person of another is automatically considered Grand Theft from a Person, regardless of the value of the property, making it a serious offense. If the value of the stolen purse and its contents (excluding the access cards, which are covered by separate charges) was over $950, it would also qualify as general Grand Theft.
- Grand Theft from a Person (Felony “Wobbler”): This is often charged as a felony, but can be a misdemeanor.
- Felony: 16 months, 2 years, or 3 years in county jail or state prison.
- Misdemeanor: Up to 1 year in county jail.
- Fines: Up to $10,000.
- Restitution: Ordered to pay back the value of the stolen items.
3. Theft of Access Cards (California Penal Code 484e PC)
This charge specifically covers the unlawful acquisition or retention of access cards (credit/debit cards).
- Theft of Access Card (Felony “Wobbler”):
- Felony: 16 months, 2 years, or 3 years in county jail or state prison.
- Misdemeanor: Up to 1 year in county jail and/or a fine of up to $1,000.
4. Fraudulent Use of Access Cards (California Penal Code 484g PC) and Credit Card Fraud (various PC sections)
Using the stolen credit cards to buy items constitutes fraudulent use of access cards. The penalties depend on the total value of the items purchased:
- If the total value of items purchased is $950 or less (in a consecutive 6-month period):
- Treated as Petty Theft (Misdemeanor): Up to 6 months in county jail and/or a fine of up to $1,000.
- If the total value of items purchased exceeds $950 (in a consecutive 6-month period):
- Treated as Grand Theft (Felony “Wobbler”):
- Felony: 16 months, 2 years, or 3 years in county jail or state prison.
- Misdemeanor: Up to 1 year in county jail and/or a fine of up to $1,000.
- Restitution: Ordered to pay back the full amount of fraudulent purchases.
- Treated as Grand Theft (Felony “Wobbler”):
5. Elder Abuse (Financial) (California Penal Code 368 PC)
Since the victim is an elderly person, the District Attorney may also charge the man with financial elder abuse. This is a very serious charge in California.
- Financial Elder Abuse (Felony “Wobbler”):
- Felony:
- If the taking was under $950, up to 4 years in state prison.
- If the taking was over $950, up to 4 years in state prison.
- Significant fines (e.g., up to $10,000, or double the value of the property, whichever is greater).
- Sentence Enhancements: If the loss is substantial (e.g., over $100,000), additional prison time can be added.
- Misdemeanor: Up to 1 year in county jail and/or a fine of up to $1,000.
- Felony:
Aggravating Factors & Enhancements:
- Victim is an Elder: As mentioned, this can lead to elder abuse charges and potentially sentence enhancements.
- Prior Criminal History: If the man has any prior felony convictions, especially for theft or violent crimes, his current sentence can be significantly enhanced under California’s “Three Strikes” law or other sentencing enhancements.
- Multiple Victims/Crimes: Each separate instance of using the credit cards could potentially lead to a separate count, increasing the total potential jail/prison time.
- Restitution: Regardless of other penalties, the man will almost certainly be ordered to pay full restitution to the victim for all stolen items and fraudulent purchases.
We always hear what the penalty could be, I wish you’re team would publish what the penalty ended up being. Please follow-up these types of articles with the net result, I am sure your customer base reading these articles would like to see what this thief ended up getting or not getting since our legal system tends not to do anything to these types of criminals. Pretty clear that the only thing this guy is sorry for is getting caught… Let’s hear what the sentence ends up being??
I like that idea! Let me see what that would cost. I may have to pay for access to those records…