Three San Jose residents accused of stealing rifles from Big 5
Sporting Goods in Morgan Hill by cutting a hole in the wall have
yet to enter a plea, but at least one of the defendants plans to
plead not guilty.
Three San Jose residents accused of stealing rifles from Big 5 Sporting Goods in Morgan Hill by cutting a hole in the wall have yet to enter a plea, but at least one of the defendants plans to plead not guilty.
A plea hearing for Ramiro Lozano, Roxanne Villabrille and Alexis Tomines was postponed Thursday until Sept. 24 at the South County Courthouse.
Two of the suspects – Lozano and Villabrille – are also accused of growing more than three dozen marijuana plants in their home on Fontanelle Drive in San Jose.
Arrested March 25 at their home, Lozano and Villabrille face charges of buying or receiving stolen property and marijuana cultivation. Lozano faces an additional seven counts of grand theft, according to Santa Clara County District Attorney’s spokeswoman Amy Cornell. Villabrille is also charged with buying, receiving, concealing or withholding stolen property, and one count of possession of marijuana for sale.
A third suspect, Alexis Tomines, 28 of San Jose, was arrested hours after the March 12 Big 5 burglary in which seven guns were stolen. Acting on tips received from unidentified sources, police watched him and Lozano load the stolen rifles into Tomines’ car outside Lozano’s home, according to police reports. He was pulled over and arrested with the guns in transport, police say, and is charged with seven counts of grand theft, one count of possession of a firearm by a felon, and six counts of buying or receiving stolen property. He is out of jail on an $80,000 bond.
Villabrille’s lawyer said his client was not involved any of the alleged crimes.
“My client is not guilty,” said Esau Herrara. “She will demand her day in court, and presumably the others will take appropriate responsibility for their conduct.”
Villabrille is free on a $250,000 bond.
Seven rifles were stolen in the Big 5 burglary, including models from Remington and Mossberg. Tomines, Lozano and Villabrille were arrested as a result of the investigation into that crime, but during the investigation police unearthed a possible string of alleged illicit dealings in a variety of contraband, perpetrated by one or more of the suspects.
Police files contain lists of illegal items found in the Fontanelle Drive home. Found there when police carried out a search warrant were electronic products including iPods, Guitar Hero video game guitars, several PlayStation and xBox games, and a video projector – all stolen from the Radio Shack store in Morgan Hill in December 2008, police say. Also found at the residence were about 60 Netflix DVDs and checks that police say the suspects stole from mailboxes, a stolen passport, two stolen laptop computers, and a stolen driver’s license.
In the subsequent investigation, police determined that most of these and other suspicious items found in the home had been previously reported lost or stolen from the businesses and individuals. Several victims were from Morgan Hill and Gilroy.
When an employee arrived at Big 5 to open the store on Cochrane Road the morning of March 12, she noticed that someone had cut a hole in the wall near the rifles section and stolen the firearms, according to police. Footage from surveillance videos in the store showed the hole being cut with a saw, and an arm reaching through to retrieve the rifles from the wall-mounted display rack. The hole in the wall was cut from the adjacent rental unit, which was vacant and the thief had entered by using a “pry tool” to open the locked doors, the police reports say.
When Tomines was arrested, police say he was in the process of transporting the guns from Lozano’s and Villabrille’s residence to an undisclosed location. He was pulled over by police, who searched his car and found seven rifles in the trunk, six of which had serial numbers matching those stolen from Big 5, according to case files.
Investigators from the Regional Auto Theft Task Force staked out the Fontanelle Drive home when they received information that the guns were there. They watched Lozano exit the home with a black duffel bag containing the rifles, and place them in Tomines’ car.
When police and investigators from the RATTF and San Jose Police officers executed a search warrant at Lozano’s and Villabrille’s home later that day, no one was home. They forced their way in and searched the property, where they found the illegally obtained items, according to case files.
Thirty-seven immature marijuana plants were growing in an upstairs bedroom.
Police returned to the home March 25 with arrest warrants for Lozano and Villabrille, and took both suspects into custody.
Attorneys for Lozano and Tomines did not return phone calls. Tomines is represented by private attorney Cameron Watt. Lozano is represented by the public defender’s office, and remains in custody in lieu of $1 million bail.
