SAN JOSE – James Lee Nickell, 40, was arrested for First Degree Burglary with the intent to commit theft under PC 459-460(a), after he had entered a house located on the 5600 block of Goldfield Drive in San Jose. Nickell is being charged under PC 667 (a) as someone with a prior conviction under PC 459 – Burglary, in the California Superior Court Case # CC235352.
A call was made to the San Jose Police Dept. on May 11 reporting that a suspect had entered a home on Goldfield Drive. Nickell had entered the San Jose residence and was in the process of burglarizing cash, jewelry and other miscellaneous items, when the owner of the home arrived. The owner saw someone in the bedroom and quickly retreated to the car to call police.
Nickell was soon seen leaving the residence, and police subsequently responded and got a description of the suspect, and the location he was last seen. The victim described him as wearing either a dark blue or black shirt with shorts. The victim had seen Nickell ride away on a green colored mountain bike towards Blossom Avenue, which is just a few blocks from where the burglary had occurred. The homeowner had seen the suspect exit the residence through the side-fence next to the garage door, and was able to make a clear observation of the suspect’s clothing as he rode away.
Once officers had detained the suspect, they advised the victim that, “You are about to view a person being detained who may or may not be involved in this case.” The victim was asked if he or she was able to identify the suspect, confiscated property, or if there was other definitive information.
The victim identified missing jewelry from the residence, with approximately $61 in cash taken from a bedroom that was in the possession of the suspect.
Nickell was extremely nervous and refused to provide a statement to officers. He also refused to acknowledge as to why he was in police custody and would not answer any questions regarding the crime. He was booked into the Santa Clara County Main Jail without incident.
Follow-up investigation revealed that Nickell had served a five-year term for a series of burglaries committed prior to his conviction. Nickell served time for three separate burglaries and is awaiting further sentencing pending the conviction of the complaint filed May 15 for First Degree Burglary. A bail amount was posted for $100,000. A bond was issued through a bails bondsman, and Nickell is currently out on bond, pending a pre-trial conference set for July 18 in Dept. 23 at 1:40 p.m.