SANTA ANA, Calif. – A Yorba Linda father has been charged with felony child endangerment and abuse and misdemeanor contributing to the delinquency of a minor after his 12-year-old son was critically injured after he ran a red light and was hit by a car while illegally riding an E-motorcycle which he and his father had unlawfully modified.
The boy was given the E-motorcycle as a Christmas present and had already had his e-Motorcycle impounded once before the July 2025 collision that left him with a fractured skull, an intercranial bleed and several other broken bones.
Richard John Eyssallenne, 39, of Yorba Linda, pleaded not guilty today to one felony count of felony child endangerment and abuse and one misdemeanor count of contributing to the delinquency of a minor. He faces a maximum sentence of six years in state prison if convicted on all counts.
“E-motorcycles are not child’s play, and we are not playing around in Orange County when it comes to the safety of our children,” said Orange County District Attorney Todd Spitzer. “There is absolutely no reason that an unlicensed, untrained child with no concept of the rules of the road should be riding a motorcycle that can go up to 60 miles per hour next to cars on a public street and think that by some miracle they are going to be safe. This 12-year-old boy is lucky to be alive and the driver who hit him will have to live with that horror of seriously injuring a child through no fault of his own. The Orange County District Attorney’s Office isn’t letting parents off with a warning. Let me make it clear: Parents who buy their child an E-motorcycle and let them ride them illegally or help modify eBikes to transform them into E-motorcycles are handing their children a loaded weapon – and those parents are going to be prosecuted.”
On Sunday, July 20, 2025, around 2 p.m., Orange County Sheriff’s deputies were called to the intersection of Via Lomas De Yorba West and La Palma Avenue in the city of Yorba Linda regarding an accident involving a rider who had run a red light and was hit by a Honda Civic driving eastbound on La Palma.
A vehicle driving behind the Honda Civic captured the collision as the Civic attempted to avoid the bicyclist which had run the red light and drove into oncoming traffic. The rider, who was later identified as a 12-year-old boy, suffered a concussion, an intercranial bleed, skull fracture, a broken wrist, and a fractured femur.
The 12-year-old boy, his 10-year-old brother, and the boys’ father attended an E-Bike Safety Presentation hosted by the Yorba Linda Police Services on January 15, 2025, after the 12-year-old received a citation in December 2024 for illegally riding an E-motorcycle. Riders of Class 3 E-motorcycles must be 16 years of age and possess a motorcycle license.
A law enforcement inspection of the 2024 Talaria XXX the 12-year-old was riding when he was hit and critically injured did not qualify as an e-bike and instead the bike was classified as a motor-driven cycle under CVC section 405 or a motorcycle under CVC section 400. Both classifications require a valid motorcycle license for street operation, as well as DMV registration, license plate, insurance and full motorcycle equipment. Without complying with these requirements, the only approved use on this E-motorcycle is either on private property or properly registered as Off-Highway Vehicle (OHV) areas.
The inspection revealed that the 2024 Talaria XXX:
– had been modified to replace its manufacture pedals with motorcycle pegs – and did not have “fully operable pedals” and its motor power exceeded the maximum of 750 watts, as required by the electric bicycle statute. (CVC section 312.5(a) and (b).) This bike’s motor was rated 750 watts, with peak output of 5,000 watts.
– The manufacturer-installed governor which limited the maximum speed to 20 miles per hour had its speed limiter wire cut and had been rerouted to a key switch, allowing the operator of the bike to disable the speed limiting mechanism. Bypassing the 20 miles per hour speed limiter can allow riders attain speeds of up to 60 miles per hour with its 5,000 watts motor.
California law distinguishes between e-bikes and E-motorcycles based on three main features: the power limit of its motor, its maximum speed limit, and whether it is equipped with operable pedals. Electric bicycles with Class 1 or Class 2 designations do not have rider age or licensing restrictions; e-bikes with Class 3 designations require riders to be aged 16 or older.
Generally, an electric bike that does not qualify as Class 1, 2 or 3, will be classified as an electric motorcycle. That means either that the bike has an electric motor that exceeds 750 watts of power or can reach speeds higher than 20-mph on motor power alone. Additionally, if the bike is not equipped with fully operable pedals, or if it has been modified to reach speeds higher than 20-mph or to attain power higher than 750 watts, the bike cannot be designated an electric bike, and instead would be considered an E-motorcycle.
“Our deputies have seen firsthand the serious injuries that can occur when E-motorcycles are operated unsafely,” said Orange County Sheriff-Coroner Don Barnes. “Parents play a critical role in keeping their children safe. Our goal is not punishment, but prevention. We want families to understand that unsafe modifications and reckless riding can have serious consequences.”
Senior Deputy District Attorney Noor Hasan of the Family Protection Unit is prosecuting this case.