At approximately 6:44 a.m. this morning, Fullerton Police Communications received a call from a reporting party who heard multiple sirens and believed officers were in pursuit of a vehicle in the 1500 block of S. Highland Ave.
The caller also reported seeing a male subject, whom the caller described as a male Hispanic, wearing a white shirt armed with a handgun, jumping fences in the area.
Fullerton Police Officers responded immediately and were flagged down by an Immigration and Customs Enforcement (ICE) Agent, who confirmed a male subject had fled from them and was armed with a handgun.
Because of the potential threat of an armed suspect in the area, FPD officers quickly assisted by setting up a perimeter, prioritizing public safety of residents and officers, while ICE Agents searched for their suspect.
Once additional federal law enforcement resources arrived to continue the investigation and search for the armed suspect, Fullerton Police officers cleared the area.
While Senate Bill 54 prohibits local law enforcement agencies from participating in federal immigration enforcement, ICE is a federal law enforcement agency, and the Fullerton Police Department will assist them—and any other local, state, or federal law enforcement agency—when there is an immediate threat to officer safety or public safety.
For further information regarding this incident, contact the Department of Homeland Security.
Penalties Faced by the Suspect
1) Potential Federal Charges (because ICE is a federal agency)
A. Possession of a firearm by a prohibited person – 18 U.S.C. § 922(g)
- If the suspect is unlawfully present in the U.S. (or is otherwise prohibited—e.g., felon, certain domestic-violence convictions), simply possessing a gun is a federal felony.
- Penalty: Up to 10 years’ imprisonment (18 U.S.C. § 924(a)(8)); can be higher under the Armed Career Criminal Act if there are qualifying priors.
- What matters: Proof of status (e.g., unlawful presence), knowing possession, and that the firearm moved in interstate commerce (usually easy to establish).
B. Resisting/impeding a federal officer – 18 U.S.C. § 111
- If in the course of fleeing he forcibly resisted or assaulted an ICE agent, that’s a federal offense.
- Penalty:
- Simple resistance (no weapon, no injury): up to 1 year (misdemeanor) or up to 8 years if involving physical contact.
- With a deadly or dangerous weapon (a handgun qualifies) or resulting in bodily injury: up to 20 years.
- What matters: Whether there was force, contact, weapon involvement, or injury.
C. High-speed flight from an immigration checkpoint – 18 U.S.C. § 758 (fact-dependent)
- Applies only if this started at a marked immigration checkpoint and involved motor vehicle flight at high speed.
- Penalty: Up to 5 years.
- What matters: Whether the pursuit began at such a checkpoint and involved high-speed driving. Urban fence-jumping alone wouldn’t meet this.
D. Escape or fleeing custody – 18 U.S.C. § 751 (fact-dependent)
- Only applies if he was already in federal custody (arrested/detained) and escaped.
- Penalty: Generally up to 5 years (more if underlying offense is a felony).
- What matters: Whether he was legally in ICE custody at the time.
E. Immigration offenses (status-based)
- 8 U.S.C. § 1326 (illegal reentry) if previously removed → up to 2 years, and up to 10–20 years if prior aggravated felonies/serious criminal history.
- 8 U.S.C. § 1325 (improper entry) usually misdemeanor (1st offense) but often superseded by §1326 when there’s a prior removal.
Note on charging discretion: If there’s clean evidence of a § 922(g)(5) firearm case (unlawful presence + gun), that often becomes the lead federal charge; § 111 is added if there was force/weapon involvement during the encounter.
2) Potential California State Charges (if the case is referred or parallel-prosecuted)
Even though ICE is federal, state charges are still possible for on‑scene conduct under California law:
A. Carrying a loaded firearm in public – Penal Code § 25850
- Wobbler (misdemeanor or felony). Aggravating factors (e.g., the gun is stolen, suspect is not the registered owner, or otherwise prohibited) push it toward felony.
- Penalty: Misdemeanor up to 1 year county jail; felony up to 3 years state prison.
B. Carrying a concealed firearm – Penal Code § 25400
- Wobbler. Felony exposure if the firearm is stolen, the person is not the registered owner, or the person is prohibited.
- Penalty: Up to 3 years for felony.
C. Felon (or other prohibited person) in possession – Penal Code § 29800 (if applicable)
- If the suspect has a prior felony, possession of a firearm is a felony.
- Penalty: Typically up to 3 years; can be enhanced with priors.
D. Resisting/obstructing officers – Penal Code § 148(a)(1)
- Misdemeanor for willfully resisting, delaying, or obstructing officers (could apply to FPD if he interfered with their safety perimeter or orders).
- Penalty: Up to 1 year county jail.
E. Trespass – Penal Code § 602 (jumping fences into private property)
- Often a misdemeanor.
- Penalty: Typically fines and/or up to 6 months jail (varies by subsection and facts).
F. Other state add‑ons (fact-dependent)
- Brandishing – PC § 417 (if he displayed the gun in a threatening manner): misdemeanor or felony depending on context.
- Negligent discharge – PC § 246.3 (if any shot fired): felony wobbler.
- Ammo by prohibited person – PC § 30305.
- Receiving stolen property (if gun stolen) – PC § 496.
3) How this typically plays out
- Jurisdiction: Because the originating agency is ICE and the core conduct involves flight from federal officers while armed, federal prosecutors often take the lead—especially if there’s a clean § 922(g) (prohibited person with a gun) and/or § 111 (resisting/impeding) case.
- State vs. Federal: Local DA could still file state firearms and resisting/trespass counts, but they may defer if the feds proceed first. Sometimes there’s a federal-only case, with state charges dismissed or held in abeyance.
- Sentencing variables:
- Prior felony or violent history (state or federal).
- Prior removal history (for § 1326).
- Whether the gun was loaded, brandished, or discharged.
- Any assault/physical contact with officers (escalates § 111).
- Whether he was in custody (for escape statutes).
- Criminal history can significantly increase guideline ranges federally.
4) Practical penalty ranges (based on common scenarios)
- Prohibited person with a firearm (federal § 922(g)) alone: Often 1.5–5+ years under the federal guidelines for a first-time federal offender; up to 10 years statutory max (higher with enhancement statutes).
- § 111 with a weapon or injury: Exposure up to 20 years; guidelines depend on degree of force, injury, and weapon involvement—can add several years.
- State firearm possession (PC 25400/25850) without aggravators: Typically misdemeanor to low‑felony exposure (county jail to ~16 months–3 years).
- Trespass/Resisting (PC 148/602): Misdemeanor, usually concurrent or run with probation/jail time unless aggravated.