On Saturday morning, police officers were dispatched to Park Place Apartments when two suspects were interrupted by security as they stole packages from the mailroom, according to the Irvine Police Department.
Jay James Latunski, 36, of Huntington Beach, left the location empty-handed. His partner in crime, Nichole Yvonne Bagley, 39, of Huntington Beach, fled with multiple packages.
For those of you in the audience who have been around for a while, the ending of this tale is probably predictable.
The female suspect was promptly found and arrested, walking away from the location. Another officer quickly located Latunski, who was walking the other way.
After a short search of the area that resembled an easter egg hunt, officers found stolen packages tossed in landscaping.
When officers searched the couple’s car, they found a grab bag of things that did not belong to them, such as EBT cards, passports, and credit cards. Evidence of identity theft was also found in their car.
The duo was packed up and shipped off to Orange County Jail on multiple charges, including burglary and conspiracy. Latunski was also charged with identity theft.
In California, the penalties for stealing packages, EBT cards, passports, and credit cards as well as burglary, conspiracy and identity theft vary based on the specific crime and circumstances:
Stealing Packages
Stealing packages is considered mail theft under California Penal Code § 530.5(e). This is typically charged as a misdemeanor, punishable by up to one year in county jail and/or a fine of up to $1,000.
Stealing EBT Cards
The theft of Electronic Benefits Transfer (EBT) cards can lead to charges of welfare fraud. Penalties can include up to three years in state prison and fines, depending on the severity and amount stolen.
Stealing Passports
Stealing passports falls under identity theft laws. This can be charged as either a misdemeanor or a felony. Felony charges can result in up to three years in state prison.
Stealing Credit Cards
Credit card theft is covered under various statutes, including Penal Code § 484g. If the value obtained is less than $950, it is considered petty theft, punishable by up to six months in county jail and/or a fine of up to $1,000. If the value exceeds $950, it can be charged as grand theft, with penalties including up to three years in state prison.
Burglary
Burglary is defined under Penal Code § 459 as entering a structure with the intent to commit theft or any felony. There are two degrees of burglary:
- First-degree burglary (residential): Always a felony, punishable by 2, 4, or 6 years in state prison.
- Second-degree burglary (commercial): Can be charged as a misdemeanor or felony. Felony penalties include 16 months, 2 years, or 3 years in county jail12.
Conspiracy
Under Penal Code § 182, conspiracy involves an agreement between two or more people to commit a crime, with at least one person committing an overt act to further the agreement. Penalties depend on the underlying crime:
- Misdemeanor conspiracy: Up to 1 year in county jail.
- Felony conspiracy: Punishable in the same manner as the underlying felony.
Identity Theft
Identity theft, under Penal Code § 530.5, involves using someone else’s personal information for unlawful purposes. This can be charged as a misdemeanor or felony:
- Misdemeanor identity theft: Up to 1 year in county jail and/or a fine of up to $1,000.
- Felony identity theft: Up to 3 years in state prison.
These penalties can vary based on the specifics of each case, such as the value of the stolen items and the defendant’s criminal history.
