The San Bernardino County District Attorney’s Office has filed charges against Marco Antonio Chaires (Age 28 of San Bernardino) and Javier Hernandez (Age 24 Transient-San Bernardino) for attempting to murder a police officer and other crimes.
CASE SYNOPSIS
On Thursday, January 17, 2021, officers from the Rialto Police Department were involved in a vehicle pursuit. At the termination of the pursuit, Marco Antonio Chaires and Javier Hernandez were arrested.
After reviewing this case, our office has filed charges against Mr. Chaires and Mr. Hernandez for violating the following sections of the California Penal Code and the California Vehicle Code:
Penal Code Section 664/187 – Attempted Murder (Felony)
Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
Penal Code Section 29800(a)(1) – Possession of A Firearm By A Felon (Felony)
Any person who has been convicted of 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.
Penal Code Section 466 – Possession of Burglary Tools (Misdemeanor)
Every person having upon him or her in his or her possession a picklock, crow, keybit, crowbar, screwdriver, vise grip pliers, water-pump pliers, slidehammer, slim jim, tension bar, lock pick gun, tubular lock pick, bump key, floor-safe door puller, master key, ceramic or porcelain spark plug chips or pieces, or other instrument or tool with intent feloniously to break or enter into any building, railroad car, aircraft, or vessel, trailer coach, or vehicle as defined in the Vehicle Code, or who shall knowingly make or alter, or shall attempt to make or alter, any key or other instrument named above so that the same will fit or open the lock of a building, railroad car, aircraft, vessel, trailer coach, or vehicle as defined in the Vehicle Code, without being requested to do so by some person having the right to open the same, or who shall make, alter, or repair any instrument or thing, knowing or having reason to believe that it is intended to be used in committing a misdemeanor or felony, is guilty of a misdemeanor. Any of the structures mentioned in Section 459 shall be deemed to be a building within the meaning of this section.
Penal Code Section 11377(a) – Possession of A Controlled Substance (Misdemeanor)
Except as authorized by law and as otherwise provided in subdivision (b) or Section 11375, or in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses any controlled substance which is (1) classified in Schedule III, IV, or V, and which is not a narcotic drug, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d), (e), or (f) of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in a county jail for a period of not more than one year, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code.
Vehicle Code Section 2800.2 – Evading A Peace 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.
CASE INFORMATION
DA Case Number: 2021-00-0002586
Court Case Number: FSB21000198 (Chaires), FSB21000199 (Hernandez)
View Superior Court Case Information
View Charging Document
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