Last Sunday, an Audi was stolen from a parking garage on Miramonte, according to the Irvine Police Department.
IPD detectives found the Audi in the Kohl’s parking lot on Jeffrey.
While doing surveillance on the Audi, an off-duty police officer reported two men were suspiciously looking into parked cars in the same parking lot.
Bashir Mohamud Abdi, 29, of Anaheim, and David Williams, 33, of Midway City, were arrested for burglary, conspiracy, and stealing a vehicle.
Legal Penalties Faced by the Suspects
Based on the specific charges filed by the Irvine Police Department (burglary, conspiracy, and stealing a vehicle), the suspects Bashir Mohamud Abdi and David Williams face potential felony prison sentences, heavy fines, and formal probation under California state law. Because these offenses are “wobblers” (crimes that can be charged as either misdemeanors or felonies), the state of their final penalties depends heavily on prior criminal records and the specific details of the incident.
The potential legal penalties for each individual charge include:
1. Grand Theft Auto / Stealing a Vehicle
Stealing the Audi falls under California Penal Code 487(d)(1) (Grand Theft Auto) or California Vehicle Code 10851 (Unlawful Taking of a Vehicle).
- Prison Time: If prosecuted as a felony, this carries a sentence of 16 months, 2 years, or 3 years in county jail or state prison.
- Fines: The court can impose a fine of up to $10,000.
- Prior Offenses: If either man has prior vehicle theft convictions, the maximum sentence can increase to 4 years.
2. Burglary (Vehicle Burglary)
Because the suspects were reportedly looking into parked cars inside a Kohl’s parking lot, they were charged with vehicle burglary under California Penal Code 459. Second-degree burglary (which applies to commercial properties and locked vehicles) is also a wobbler.
- Prison Time: Charged as a felony, it carries a maximum penalty of 16 months, 2 years, or 3 years in county jail.
- Fines: Suspects can face a fine up to $10,000.
- Proof Required: The prosecution must prove that the men actually entered a locked vehicle with the intent to commit a theft or felony inside. If the vehicles were unlocked, the charge could be reduced to tampering or petty theft.
3. Criminal Conspiracy
Under California Penal Code 182, conspiracy means two or more people agreed to commit a crime and took an overt act toward completing it.
- Prison Time: In California, a conspiracy to commit a felony is penalized with the exact same prison sentence as the underlying felony.
- Application: Because they conspired to commit grand theft auto and burglary, this charge mirrors the maximum 3-year term of the most severe targeted crime, rather than stacking completely independently.
Aggravating Factors and Reality of Sentencing
The actual time served will depend on the final plea deal or trial verdict calculated by the Orange County District Attorney’s Office. Prosecutors will look at whether they have an active criminal history (such as prior burglary bookings). Additionally, under California’s realignment laws, felony sentences for non-violent property crimes like these are typically served in local county jail rather than state prison, and eligible individuals may receive split sentences involving mandatory community supervision.