Attorneys for three suspects allegedly involved in the theft of
firearms from Big 5 Sporting Goods are working on a three-way deal
to settle the charges without going to trial.
Attorneys for three suspects allegedly involved in the theft of firearms from Big 5 Sporting Goods are working on a three-way deal to settle the charges without going to trial.
Ramiro Lozano, 34; Roxanne Villabrille, 35; and Alexis Tomines, 28 were in Santa Clara County Superior Court Thursday for a plea hearing. None of the defendants entered a plea, and the court scheduled a felony arrangement proceeding for Dec. 17.
“We’re trying to resolve this globally, which means all three defendants must agree” to any potential deal, said Cameron Watt, attorney for Tomines, after the brief hearing.
The three defendants are accused of cutting a hole in the Cochrane Plaza store’s wall in the morning of March 12 and taking seven rifles, police said.
Lozano and Villabrille are also accused of growing more than three dozen marijuana plants in their home on Fontanelle Drive in San Jose. They have also been charged with 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 has also been charged with buying, receiving, concealing or withholding stolen property, and one count of possession of marijuana for sale.
Tomines was arrested hours after the burglary as he was moving the stolen firearms from Lozano’s residence, police said, and has been 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. Tomines is out of jail on an $80,000 bond.
Villabrille is out on a $250,000 bond, and Lozano is still in county custody in lieu of $1 million bail.
A female employee of Big 5 opened the store later that morning, saw the hole, and realized some of the firearms were missing. A surveillance tape shows the hole being cut, and an arm reaching through to retrieve the guns. The hole was cut from the adjacent rental unit, which was entered using a “pry tool,” according to case files.
When authorities searched Lozano’s home shortly after they arrested Tomines, he was not there but they found a trove of allegedly stolen items, including some electronics products that were stolen from Radio Shack in Morgan Hill. Police said they also found 37 marijuana plants growing inside the home.
Lozano and Villabrille were arrested March 25.
Watt declined to discuss any details of a possible global settlement, as nothing is final and the negotiations are ongoing.
“I do anticipate a resolution,” he said.
Following Thursday’s proceedings, Villabrille was warned by a Sheriff’s deputy for communicating with Lozano with facial gestures in the courtroom. Communication with defendants in custody during court proceedings is prohibited.
