The San Bernardino County District Attorney’s Office has charged Kurt Kenneth Duisen (Age 59 of San Bernardino) and David Macias (Age 47 of Pomona) with home invasion robbery and residential burglary in San Bernardino.
CASE INFORMATION
On Wednesday, October 28, 2020, deputies from the San Bernardino County Sheriff’s Department responded to a home invasion robbery in the 1800 Block of Dale Lane in San Bernardino.
On October 30, 2020, officers located and arrested Mr. Kurt Kenneth Duisen and Mr. David Macias in the 3200 Block of Roberds Ave. in San Bernardino.
After reviewing this case, our office has charged Mr. Duisen with violating the following sections of the California Penal Code:
Penal Code Section 211 – Home Invasion Robbery (Felony)
Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.
Penal Code Section 245(a)(2) – Assault With a Firearm (Felony)
Any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment.
Penal Code Section 245(c) – Assault Upon a Peace Officer or Firefighter (Felony)
Any person who commits an assault with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for three, four, or five years.
(2 Counts)
Penal Code Section 69 – Resisting Executive Officer (Felony)
(a) Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon the officer by law, or who knowingly resists, by the use of force or violence, the officer, in the performance of his or her duty, is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both such fine and imprisonment. (b) The fact that a person takes a photograph or makes an audio or video recording of an executive officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, does not constitute, in and of itself, a violation of subdivision (a).
Vehicle Code Section 2800.4 – Evading an Officer Against Traffic (Felony)
Whenever a person willfully flees or attempts to elude a pursuing peace officer in violation of Section 2800.1, and the person operating the pursued vehicle willfully drives that vehicle on a highway in a direction opposite to that in which the traffic lawfully moves upon that highway, the person upon conviction is punishable by imprisonment for not less than six months nor more than one year in a county jail or by imprisonment in the state prison, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that fine and imprisonment.
Vehicle Code Section 2800.2(a) – Evading an Officer (Felony)
If a person flees or attempts to elude a pursuing peace officer in violation of Section 2800.1 and the pursued vehicle is driven in a willful or wanton disregard for the safety of persons or property, the person driving the vehicle, upon conviction, shall be punished by imprisonment in the state prison, or by confinement in the county jail for not less than six months nor more than one year. The court may also impose a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or may impose both that imprisonment or confinement and fine.
Penal Code Section 29800(a)(1) – Possession of Firearm By a Felon (Felony)
Any person who has been convicted of, or has an outstanding warrant for, a felony under the laws of the United States, the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 23515, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.
Our office has charged Mr. Macias with violating the following sections of the California Penal Code:
Penal Code Section 211 – Home Invasion Robbery (Felony)
Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.
Penal Code Section 245(a)(2) – Assault With a Firearm (Felony)
Any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment.
Penal Code Section 29800(a)(1) – Possession of Firearm By a Felon (Felony)
Any person who has been convicted of, or has an outstanding warrant for, a felony under the laws of the United States, the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 23515, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.
CASE INFORMATION
DA Case Number: 2020-00-0050295
Court Case Number: (Duisen) FSB20003692 (Macias) FSB20003691
View Superior Court Case Information
View Charging Document
INVESTIGATING AGENCY NEWS RELEASE
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