Patrol officers were conducting proactive enforcement in the area of Standard Ave. and Edinger Ave. on Tuesday when they recognized two documented gang members in a vehicle, according to the Santa Ana Police Department (SAPD).
When the police officers attempted a traffic stop, the driver, who had active arrest warrants, failed to yield, and a vehicle pursuit ensued.
During the pursuit, the primary officers observed the suspect throw a firearm from the vehicle. A nearby officer quickly located and secured the weapon.
Both suspects were taken into custody and booked at the Santa Ana Jail on felony charges and gang enhancements.
Penalties faced by the suspects
Based on standard California sentencing for these specific offenses, the potential penalties are outlined below:
Primary Felony Charges
- Felony Reckless Evading (VC 2800.2): For the driver who led the pursuit with “willful or wanton disregard” for safety, penalties include 16 months, 2, or 3 years in state prison and fines up to $10,000.
- Unlawful Possession of a Firearm (PC 29800): If either suspect is a convicted felon or a prohibited person, they face up to 3 years in state prison and a $10,000 fine.
- Carrying a Loaded Firearm in a Vehicle (PC 25850): This is often charged as a felony for documented gang members or those with prior convictions, carrying a potential sentence of up to 3 years.
Sentencing Enhancements
Because the suspects were booked with gang enhancements under California’s STEP Act (PC 186.22), their base sentences can be significantly extended:
- Criminal Street Gang Enhancement: For a standard felony, this adds an additional 2, 3, or 4 years to be served consecutively (after the original sentence).
- Serious Felonies: If the court deems the offense a “serious felony” (often involving firearms), the enhancement can increase to 5 years.
- Three Strikes Law: These convictions often count as a “strike” under California’s Three Strikes Law, which can double the sentence for any future felony convictions.
Additional Legal Consequences
- Active Warrant Penalties: The driver will face separate, additional penalties for the original warrants that prompted the initial flight.
- Probation/Parole Revocation: If either suspect was on probation or parole at the time of arrest—a common occurrence in these documented gang member cases—their current status will likely be revoked, resulting in immediate return to prison or jail to serve the remainder of a previous sentence.