On Wednesday, a police officer at the Spectrum saw a suspicious vehicle parked near LuluLemon. He quickly determined the car had been associated with previous theft and narcotics incidents, according to the Irvine Police Department.
When the officer looked inside the car, he could see drug paraphernalia clearly visible. Not the sort of car the Irvine Police want hanging around the beautiful, family-friendly Spectrum mall.
Gerson Vargas, 32, of Norwalk, and Diego Alberto Franco, 29, of Santa Ana, were detained when they returned to the car.
A search revealed both were carrying concealed daggers, and one had pepper spray. The officers also found stolen property, IDs belonging to other people, and burglary tools such as magnets.
What started as a five-finger shopping spree ended with a trip to Orange County Jail on a cornucopia of felony charges.
Another excellent example of teamwork by our officers and Spectrum security.
Based on the reported incident involving Gerson Vargas and Diego Alberto Franco, here are the potential legal penalties they could face under California law:
1. Possession of Burglary Tools
Under Penal Code § 466, possessing burglary tools (e.g., magnets, lock picks) with intent to commit a burglary is a misdemeanor. Penalties include:
- Up to 6 months in county jail
- A fine of up to $1,000
- Possible summary probation instead of jail time
2. Possession of Stolen Property
If the stolen property is valued under $950, it’s a misdemeanor:
- Up to 6 months in jail
- A fine up to $1,000
If the value exceeds $950, it’s a “wobbler” offense, meaning it can be charged as either a misdemeanor or felony:
- Felony penalties include up to 3 years in jail and fines up to $10,000
- Courts may also order restitution to victims
3. Concealed Daggers
Carrying a concealed dirk or dagger is a felony under California Penal Code § 21310:
- Up to 3 years in county jail
- Possible probation depending on circumstances
4. Drug Paraphernalia
Possession of drug paraphernalia is typically a misdemeanor:
- Up to 1 year in county jail
- Fines and mandatory drug education or rehabilitation programs
5. Pepper Spray Possession
Pepper spray is legal in California for self-defense, but misuse or possession by a felon or in connection with other crimes can lead to additional charges.
6. Organized Retail Theft
Recent laws allow aggregation of stolen goods to meet felony thresholds. If the suspects had over $950 in stolen items with intent to resell, they could face:
- Up to 3 years in jail
- Enhanced sentencing if part of a larger theft ring
Summary
If convicted on all charges, the suspects could face multiple years in jail, fines, and probation, depending on the value of stolen goods, prior criminal history, and prosecutorial discretion.