Suspect with drug paraphernalia and three open warrants arrested in Tustin on felony charges

Sometimes people assume false identities trying to evade detection. This happened again in Tustin recently when a suspect tried to pretend he was his brother only to have the scheme completely backfire.

Police officers recently detained a suspect who had in his possession drug paraphernlia that included a bent plastic tube with burn marks, a spoon and a sturdy plastic straw, according to the Tustin Police Department.

The owner of the drug paraphernalia assumed his brother’s identity during a field detention. To his dismay, his brother had an active arrest warrant!

But then things got even worse for the suspect as the officers ferreted out his true identity and then discovered he had three arrest warrants of his own.

Two new felony charges from identity theft and a Prop 36 enhancement were added to the charges and the suspect presumably got a free ticket to the O.C. Jail.

The combination of a bent plastic tube with burn marks, a spoon, and a sturdy plastic straw is commonly associated with heroin use, specifically through smoking (“chasing the dragon”). Here’s why:

• Bent Plastic Tube with Burn Marks: This is often used to inhale the fumes of heroin after it has been heated. The tube is bent to make it easier to direct the smoke, and burn marks appear from the heat source applied to the substance being smoked (usually on foil).
• Spoon: Spoons are frequently used to heat heroin (especially black tar heroin) with a flame until it liquefies or produces fumes for inhalation. Burn marks on the bottom of the spoon are a common sign of this.
• Sturdy Plastic Straw: Straws can be used to inhale the fumes of heated heroin. They can also be used to snort powdered heroin, although burn marks wouldn’t typically be present in that scenario.

While these items are most commonly linked to heroin, it’s important to note that they could potentially be used with other substances that are smoked or inhaled after being heated, such as certain opioids or in some cases, methamphetamine (though meth is more commonly smoked in glass pipes).

Here’s a breakdown of the potential penalties based on the charges and enhancements mentioned above:

1. Identity Theft (California Penal Code § 530.5):

• Identity theft is a “wobbler” offense in California, meaning it can be charged as either a misdemeanor or a felony.
• Misdemeanor:
  • Up to 1 year in county jail.
  • A fine of up to $1,000.
  • Summary probation.
  • Restitution to the victim(s).
• Felony:
  • 16 months, 2 years, or 3 years in state prison.
  • A fine of up to $10,000.
  • Formal probation.
  • Restitution to the victim(s).
• The decision to charge as a misdemeanor or felony often depends on factors such as the defendant’s prior criminal record, the amount of loss to the victim(s), and the sophistication of the crime. Given the suspect has prior warrants and another arrest, a felony charge is more likely.

2. Possession of Drug Paraphernalia (California Health and Safety Code § 11364):

• Possession of drug paraphernalia is generally a misdemeanor in California.
• Penalties can include:
  • Up to 6 months in county jail (some sources mention up to one year).
  • A fine of up to $1,000.
  • Probation with conditions such as drug testing and counseling.
  • Potential eligibility for a drug diversion program, which, upon successful completion, could lead to the dismissal of the charge.

3. Proposition 36 Enhancement:

• Proposition 36, passed by California voters in November 2024 and effective December 2024, made significant changes to drug and theft laws. The “Prop 36 enhancement” likely refers to the changes related to repeat drug offenders.
• Under the new Proposition 36:
  • Individuals with two or more prior convictions for drug possession or sale offenses (like heroin, which the paraphernalia suggests) can now be charged with a “treatment-mandated felony” for subsequent drug possession.
  • If charged as a felony under this enhancement, the penalties can be up to 3 years in state prison.
  • However, eligible individuals can plead guilty and participate in a court-approved treatment program. Successful completion of the program can lead to the dismissal of the charge. Failure to complete treatment could result in the imposition of the jail or prison sentence.

4. Outstanding Arrest Warrants:

• The existence of three prior arrest warrants will significantly impact the current case. These warrants could be for a variety of offenses, and the suspect will face penalties for those charges in addition to the new ones. The nature of the original charges in the warrants will determine those penalties.

In summary, the suspect in Tustin, CA, could be facing the following potential penalties:

• Identity Theft (likely felony): 16 months, 2 years, or 3 years in state prison, up to $10,000 in fines, and restitution.
• Possession of Drug Paraphernalia (misdemeanor): Up to 6 months (or 1 year) in county jail, up to $1,000 in fines, and potential probation.
• Prop 36 Enhancement (likely felony due to prior warrants and new drug offense): Up to 3 years in state prison if treatment is not an option or is unsuccessful.
• Penalties related to the three outstanding arrest warrants: These will depend entirely on the original charges for which the warrants were issued.

Important Considerations:

• Consecutive vs. Concurrent Sentencing: The judge will decide whether the sentences for each charge run consecutively (one after the other) or concurrently (at the same time). Consecutive sentences can significantly increase the total time of incarceration.
• Prior Record: The suspect’s prior criminal record, including the reasons for the outstanding warrants and any previous convictions, will be a major factor in the prosecutor’s charging decisions and the judge’s sentencing.
• Plea Bargaining: It is possible that the suspect’s attorney could negotiate a plea bargain with the prosecution, which might involve pleading guilty to lesser charges or receiving a reduced sentence.
• Specific Facts of the Case: The exact circumstances of the arrest, the nature of the identity theft, and the type and amount of drugs associated with the paraphernalia will all influence the outcome.

Art Pedroza Editor

Our Editor, Art Pedroza, worked at the O.C. Register and the OC Weekly and studied journalism at CSUF and UCI. He has lived in Santa Ana for over 30 years and has served on several city and county commissions. When he is not writing or editing Pedroza specializes in risk control and occupational safety. He also teaches part time at Cerritos College and CSUF. Pedroza has an MBA from Keller University.

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