Gang Members Who Fled, Fired on San Bruno Cops Acquitted of Most Serious Charges

By Bay City News Service:

A Norteno gang member who exchanged gunfire with San Bruno police while fleeing from a traffic stop in 2012 was convicted Wednesday of assaulting an officer, but he and two co-defendants were acquitted of prosecutors’ charges that they were on their way to commit a murder when they fled, according to the San Mateo County District Attorney’s Office.

A jury convicted Daniel Garcia, 26, of assault with a deadly weapon on a police officer, but deadlocked 7-5 to acquit him on charges of attempted murder on a police officer. His co-defendants Michael Apolinario, 28, and Jordy Bernal, 21, were acquitted of the charges of assault on a police officer.

The jury found all three guilty of car theft and participation in a criminal street gang. Because of prior convictions, Apolinario and Garcia are facing lengthy prison terms.

They were charged in a May 26, 2012, incident that ended with an exchange of gunfire between Garcia and San Bruno police officers during a foot pursuit.

The officers had responded at about 1:45 a.m. to reports of suspicious people in the area of San Bruno and Fourth avenues, according to police. When they arrived, they saw a car leaving the area go through a stop sign without stopping, prosecutors said.

An officer tried to pull the car over, but the suspects did not stop. Eventually they got out of the car near Belle Air Elementary School and ran, with the officers pursuing them on foot, according to police.

While running, Garcia pulled out a handgun and fired two shots at a pursuing officer. The officer returned fire, but neither the suspect nor the officer were injured, prosecutors said.

The suspects initially got away, but police set up a perimeter in the area and eventually arrested Apolinario and Bernal. Garcia was arrested several hours later, police said.

The three were all initially charged with participating in a gang, namely the Nortenos, as well as auto theft and assaulting the police officer, but the jury found only Garcia was guilty of firing on the police.

Apolinario was also convicted of carrying drugs and possession of a firearm by a convicted felon, prosecutors said.

Prosecutors had also charged the men with conspiracy to commit murder, alleging they were on their way to carry out a hit on a rival gang member when police pulled them over, but the jury found the evidence did not support those allegations.

Two other defendants were initially charged with the conspiracy charge for allegedly ordering the gang hit: Mickie Gardiner and Andrew Delgadillo. Gardiner took a plea deal and was sentenced to six years in prison for assault with a deadly weapon on a police officer and gang charges, Deputy District Attorney Karen Guidotti said Thursday.

Delgadillo’s case was dismissed after he demanded a speedy trial and the case could not be brought fast enough, Guidotti said.

“Obviously (the verdict) was disappointing to us, we don’t take these kinds of cases to trial with serious charges like this unless we think there’s substantial evidence,” Guidotti said. “We always respect the jury’s findings and I look forward to hearing what their reasoning was.”

Garcia’s attorney, Kevin Nowack, said Thursday that he had conceded the assault on a police officer charges against his client but was glad the jury found the conspiracy charges were not true.

“It’s not the first time the prosecution has brought charges that turn out not to be substantiated by the evidence once they’re presented to the jury,” Nowack said.

All three defendants remained in court Thursday to determine whether allegations of prior convictions were true. Apolinario appeared Thursday morning and a jury determined he had two prior strikes on his record, Guidotti said.

Apolinario faces a maximum sentence of 67 years to life in prison. Garcia could face a maximum sentence of 31 years, 8 months and Bernal faces a maximum sentence of eight years in prison. A sentencing date for the three men was expected to be set Thursday afternoon, Guidotti said.

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