On Monday morning, patrol took a stolen vehicle report in the 15000 block of Spectrum, according to the Irvine Police Department.
Shortly after taking the report, Irvine’s amazing license plate readers alerted the police officers that the vehicle was near Michelson and MacArthur.
The car was stopped, and the two occupants were taken into custody.
Inside the vehicle? Let’s say it wasn’t precisely a Prime Day deal. Amazon vests, stolen mail, narcotics, forged vehicle documents, and a device that allowed electronic key fobs to be duplicated. The criminals’ version of “subscribe and save.” The duo admitted to wearing the fashionable Amazon vests while they stole mail.
Michael Jacob Tari, 35, of Aliso Viejo, and Robert Lawrence Fisher, 41, Irvine, both on probation, were booked for mail theft, conspiracy, and possessing the stolen vehicle. Fisher was booked on an additional narcotics charge. They received free same-day shipping to Orange County Jail.
Tip: We all rely on delivery companies, but if you see people doing suspicious things in costumes, uniforms, or vests, please call the local police. Criminals are using uniforms to try to “blend in” as they commit crimes.
The situation related above involves multiple serious criminal offenses, compounded by the fact that the individuals were already on probation. Here’s a breakdown of the potential penalties they face in California:
1. Probation Violation (Most Immediate and Serious Consequence):
- Revocation of Probation: The most significant immediate consequence is that their probation will almost certainly be revoked. Being arrested for new crimes while on probation is a direct violation of their terms.
- Imposed Underlying Sentence: When probation is revoked, the judge can impose the jail or prison sentence that was originally suspended when they were granted probation. This means they could face the maximum sentence for their previous crimes.
- New Sentence for New Crimes: Any sentence for the new crimes will likely be served consecutively (one after another) to the imposed sentence for the probation violation, leading to a much longer period of incarceration.
- Stricter Conditions: Even if probation isn’t fully revoked (which is unlikely in this scenario), the court would impose much stricter conditions, including more frequent reporting, mandatory programs, and potentially more jail time as a condition of continued probation.
2. New Criminal Charges and Penalties:
Here’s a breakdown of the specific charges and their general penalties in California. Many of these are “wobblers,” meaning they can be charged as either a misdemeanor or a felony depending on the specifics of the case and the defendants’ criminal history. Given they are on probation, felony charges are more likely.
- Grand Theft Auto (Stolen Car):
- California Penal Code 487(d)(1) PC.
- Felony: Grand theft auto is typically charged as a felony in California.
- Penalties: 16 months, 2 years, or 3 years in county jail. Fines up to $10,000.
- Enhancements: If the vehicle’s value exceeds $65,000 or $200,000, additional years can be added to the sentence.
- Mail Theft:
- California Penal Code 530.5(e) PC. This can also be prosecuted federally.
- Misdemeanor (typically): Up to one year in county jail and/or a $1,000 fine.
- Could be Felony: If the mail theft is linked to identity theft or credit card fraud, or if the value of the stolen mail exceeds $950, it could potentially be charged as a felony or alongside felony identity theft/fraud charges, leading to more severe penalties.
- Possession of Narcotics (Controlled Substances):
- California Health & Safety Code 11350(a) HS (simple possession).
- Misdemeanor (typically): Up to one year in county jail and/or a $1,000 fine.
- Felony (in certain circumstances): Can be a felony if the person has prior convictions for serious felonies or sex crimes, or if they possess the drugs for sale (which would be a different, more serious charge: Health and Safety Code 11351 HS).
- Forged Vehicle Documents (e.g., registration, title):
- California Penal Code 470 PC (Forgery) or Vehicle Code 4463 CVC (Vehicle Registration Fraud).
- Wobbler (can be misdemeanor or felony).
- Felony: Up to 3 years in county jail and/or a fine up to $10,000.
- Misdemeanor: Up to 1 year in county jail and/or a fine up to $1,000.
- Driver’s License Suspension: A conviction for vehicle registration fraud can also lead to the suspension of their driver’s license.
- Possession of a Key Fob Duplication Device / Burglary Tools:
- California Penal Code 469 PC (Unauthorized Duplication of Keys to State Building) or Penal Code 466 PC (Possession of Burglary Tools).
- Penal Code 469 PC (if it was a key to a state building): Misdemeanor, up to 6 months in county jail and/or a $1,000 fine.
- Penal Code 466 PC (Possession of Burglary Tools): Misdemeanor, up to 6 months in county jail and/or a $1,000 fine.
- Intent: The key factor here would be demonstrating the intent to use the device for unlawful purposes (e.g., stealing more cars or breaking into places). This device significantly strengthens the case for other theft-related charges.
- Wearing Fake Amazon Vests: While not a standalone criminal offense, this is strong evidence of intent for theft, fraud, or burglary. It could lead to additional charges like:
- Attempted Burglary/Theft: If they were caught attempting to steal something while disguised.
- Identity Theft/Fraud: If they were using the vests to impersonate Amazon employees for illicit purposes.
- Conspiracy: If they were planning these crimes together.
Aggravating Factors and Sentencing:
- Prior Criminal History: Being on probation already indicates a criminal history, which will significantly influence sentencing. Judges often impose harsher sentences on repeat offenders.
- “Three Strikes” Law: If they have prior “strike” offenses (serious or violent felonies), these new felony convictions could trigger California’s “Three Strikes” law, dramatically increasing their prison sentences, potentially leading to 25 years to life for a third strike.
- Multiple Charges: They face multiple charges from a single incident. Prosecutors can charge each offense separately, and the sentences can be stacked.
- Orange County Courts: Criminal cases in Irvine would be handled by the Orange County Superior Court, which has a reputation for being relatively tough on crime.
Summary of Potential Outcome:
These individuals are looking at very serious consequences. They will likely:
- Have their probation revoked, leading to them serving the previously suspended sentences for their original crimes.
- Be charged with multiple new felonies, including grand theft auto, mail theft (potentially as a felony if linked to identity theft/fraud), possession of narcotics (potentially felony depending on circumstances), and forgery/vehicle registration fraud.
- Face significant state prison time if convicted of the new felonies, possibly for several years, which could be further extended by any probation revocation sentence and “strike” enhancements.
- Be subject to substantial fines.
- Have their driver’s licenses suspended or revoked.
