27-year-old Jhonatan Daniel Garcia appeared before Hon. Hector E. Ramon for a consolidation of cases staged from an incident that occurred on Jan 12, 2014, PC 466, misdemeanor possession of burglary tools. The next court date has been set for 6/8/2014 1:30 Dept. 35.
Garcia’s Jan 12, 2014 run-in with officers soon led them to seek charges for allegations for possession of burglary tools, with an enhancement under 459-460 (b) as a prior conviction. Garcia was also arrested on March 31 for PC 496(d) – a felony of receiving a stolen motor vehicle. It was found that Garcia was on Winchester Blvd at the corner of David Avenue in San Jose when officers noticed he was standing near some cars acting suspicious. The uniformed SJPD officer asked him if he was okay. Garcia, at the time the officer approached him, appeared to be trying to conceal something behind a vehicle. He said he was waiting for some friends to pick him up, however, the officer noticed that he continually tried to evade contact.
Garcia was asked if he had anything illegal on him. Garcia said, “No, nothing”. Garcia was then asked what was in his pocket, which he kept fidgeting with while talking with the officer. Garcia said, “Shaved keys for cars”. Six shaved keys in all were found following a pat-down search. Garcia told the officer that he hadn’t actually gotten into any of the vehicles located near the parking lot where he was found. He also said he hadn’t used any of the keys, but insisted that a friend had made them for him, and he had just had taken them with him. Evidence at the scene soon led officers to believe that the keys found in Garcia’s possession were his alone. After running a background check on Garcia, it was found that he was on probation for past criminal offences, including possession of burglary tools.
Two months later, during a probation search on March 31, Garcia was found with a stolen Grey 2013 Nissan Murano, which was recovered from his back yard. Garcia refused to admit he had stolen the SUV and when confronted about having shaved keys in his room. Garcia claimed he must have forgotten about them. Garcia had been released on bail from his prior charges of burglary and drug possession, and also for a parole violation. He had been arrested twice in late 2013 on those charges.
A new charge under PC 12022.1 was added because Garcia was free on bail for PC 459-460(b), second degree burglary. The owner of the vehicle was contacted, and she told officers that Garcia did not have permission to drive her vehicle and had asked that Garcia be prosecuted for the theft. Garcia was then was booked into the Santa Clara County Main Jail for the theft and a parole violation for failure to report to his parole officer.