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On Saturday, at about 5 p.m., police officers responded to the 1900 block of Placentia Avenue in regards to a shooting near a business, according to the Costa Mesa Police Department.
Fortunately, the intended victim was not injured. The vehicle suspected to be involved was quickly identified.
At about 7 p.m., one of the Costa Mesa police officers located the suspect vehicle driving into the City of Newport Beach.
A car stop was conducted near Balboa and 20th St. with the assistance of the Newport Beach Police.
The suspect, a 20-year-old Costa Mesa resident, was safely taken into custody for assault with a deadly weapon.
CMPD is actively investigating this incident, which does not appear to be gang related or random. They thank the NBPD for their help.
An individual arrested in Costa Mesa, CA, for a suspected shooting where they fled and were captured in Newport Beach, CA, faces serious penalties in California. The specific charges and their corresponding penalties depend on the details of the incident and the intent of the perpetrator.
The police did not identify the alleged shooter but you can search the Costa Mesa arrest records here.
Here’s a breakdown of potential charges and their penalties:
1. Attempted Murder (California Penal Code § 664/187(a) PC)
Since the “intended victim was not injured,” attempted murder is a highly probable charge if the prosecution can prove the shooter had the specific intent to kill.
- Definition: Intending to kill the victim and taking a direct step towards killing them, but the victim does not die.
- Penalties:
- Attempted First-Degree Murder (willful, deliberate, and premeditated): Life imprisonment in California State Prison with the possibility of parole.
- Attempted Second-Degree Murder: 5, 7, or 9 years in state prison.
- Enhancements:
- Use of a Firearm (PC 12022.53):
- Using a gun: 10 additional years.
- Firing a gun: 20 additional years.
- Causing great bodily injury with a gun: 25 years to life (though the victim was not injured in this specific case, this enhancement highlights the severity of firearm use).
- Gang Enhancement (PC 186.22): An additional 15 years to life if the crime was gang-related.
- Three Strikes Law: Attempted murder is a violent felony and counts as a “strike” on the individual’s criminal record. A second strike doubles the sentence, and a third strike can lead to 25 years to life in state prison.
- Fines: Up to $10,000.
- Loss of Gun Rights: A lifetime ban on possessing firearms.
- Victim Restitution.
- Immigration Consequences: For non-citizens, attempted murder is an aggravated felony that can lead to deportation.
- Use of a Firearm (PC 12022.53):
2. Assault with a Deadly Weapon (California Penal Code § 245(a)(1) PC)
Even if intent to kill cannot be definitively proven, firing a gun at someone constitutes assault with a deadly weapon.
- Definition: Assaulting another person with any deadly weapon or by means likely to produce great bodily injury.
- Penalties (a “wobbler,” meaning it can be charged as a misdemeanor or felony):
- Misdemeanor: Up to one year in county jail and/or a fine of up to $1,000.
- Felony (with a firearm): 2, 3, or 4 years in state prison.
- Felony (with a semi-automatic firearm): 3, 6, or 9 years in state prison.
- Enhancements:
- Falls under California’s Three Strikes Law.
- Fines up to $10,000.
3. Shooting at an Inhabited Dwelling or Occupied Car (California Penal Code § 246 PC)
If the shooting was directed at a business that qualifies as an “inhabited dwelling” or if an occupied vehicle was targeted, this charge could apply. This often indicates an intent to kill the occupants.
- Penalties: This is a felony and carries significant prison time.
4. Evading an Officer (California Vehicle Code § 2800.1, 2800.2, or 2800.3 VC)
Since the suspect “fled and was captured in Newport Beach,” they will likely face charges for evading arrest.
- Evading an Officer (Misdemeanor – VC 2800.1):
- Up to one year in county jail.
- Up to $1,000 fine.
- Vehicle impoundment for up to 30 days.
- Felony Reckless Evading (VC 2800.2): This applies if the suspect fled with “willful or wanton disregard for the safety of persons or property” (e.g., running red lights, speeding dangerously). This is a “wobbler” and can be charged as a misdemeanor or felony.
- Misdemeanor: Minimum 6 months to 1 year in county jail, up to $1,000 fine.
- Felony: 16 months, 2, or 3 years in state prison, up to $10,000 fine.
- Evading an Officer Causing Injury or Death (VC 2800.3): While the initial shooting victim was not injured, if anyone was injured during the pursuit, these more severe penalties would apply.
- Causing Serious Bodily Injury: 3, 5, or 7 years in state prison.
- Causing Death: 4, 6, or 10 years in state prison.
Factors Influencing Penalties:
- Intent: The most crucial factor will be proving the shooter’s intent. Was it intent to kill (attempted murder), intent to injure (assault), or reckless disregard?
- Criminal History: Prior felony convictions will significantly increase penalties under California’s Three Strikes Law.
- Motive: The reason for the shooting (e.g., gang-related, personal dispute) can influence charges and sentencing enhancements.
- Evidence: The strength of the evidence (e.g., eyewitness testimony, ballistics, surveillance footage).
- Plea Bargain: The outcome often depends on negotiations between the prosecution and defense.
Given the nature of the incident (shooting near a business, flight, and capture), this individual is facing very serious felony charges that could result in substantial state prison time, significant fines, and a lifelong loss of gun rights.
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