Lea este artículo en español aquí.
Two men arrested in an Ulta Beauty shoplifting case maintained their not guilty plea to the charges at a preliminary hearing on June 29.
Juan Sichaca Galindo, 28, and Jhonathan Pardo Tovar, 27, were charged with grand theft and conspiracy to commit a crime, both felonies, according to court documents.
“Just the value alone from the Ulta Beauty store in Hollister was over $1,400 worth,” Hollister Police Sgt. Dave Anderson said.
The suspects were arrested on suspicion of conducting an organized effort to steal, both having previous patterns of shoplifting behavior, according to police.
According to Deputy District Attorney Victor Christian Alfaro, Galindo and Tovar were also wanted in Los Angeles for similar crimes and are considered flight risks because they were reportedly living out of a motel in Oakland.
However, during the hearing, Harry Damkar, the public defender representing Galindo, “was under the impression that his client would be changing his plea,” according to court minutes from June 29.
Both suspects waived their 10-day rule to a speedy trial at the preliminary examination, meaning that they agreed to a trial date after the 60-day limit for a speedy trial.
Anderson said the suspects were caught stealing from the Hollister Ulta after employees at the Gilroy Ulta store where they allegedly began their spree alerted staff in Hollister with photos and descriptions of the suspects. When the suspects arrived at the Hollister Ulta, the employees identified them and immediately called police.
He said that the suspects entered the store within a few minutes of each other and began stealing tester fragrance bottles.
Galindo reportedly left the store first, attempting to drive away with stolen merchandise before being stopped by Hollister police. At the same time, when Tovar saw that the police were coming he attempted to dump the items he had stolen, which employees managed to catch on video, according to Anderson.
Anderson said that while there hasn’t been an increase in shoplifting in Hollister specifically, there has been a general uptick in those cases across California in the past few years.
“There were a number of law changes that I think made it where people weren’t held accountable as they used to be,” he said.
One of those laws, Penal Code 459.5, was enacted in 2014 under Proposition 47, which reclassified shoplifting as a misdemeanor if the value of stolen property is under $950. Anything over that amount would be considered a felony, according to California Penal Code.
However, even a felony shoplifting conviction is not always followed with a punishment of state prison time.
Only first-degree burglary, which is burglary of a home or residential living space, is punishable by state prison time. Second-degree burglary, which is burglary of any other structure such as a retail or commercial space, is punishable by county jail time even if it is charged as a felony, according to California Penal Code 460.
While Galindo and Tovar do face felony charges, a conviction would likely mean serving time in county jail.
Following the hearing, Judge Patrick K. Palacios set a preliminary setting date for July 9.
The BenitoLink Internship Program is a paid, skill-building program that prepares local youth for a professional career. This program is supported by Monterey Peninsula Foundation AT&T Golf Tour and Taylor Farms.
You must be logged in to post a comment.