Prosecutors seek prison for Home Depot theft crew that hit nearly 200 stores in Northern California
Sentencing for members of a Home Depot theft crew that hit nearly 200 stores in Northern California in just four months was put off Wednesday as the judge considers stiffer sentences, Santa Clara County's top prosecutor said.
Adolfo Duarte Herrera, 45, of Richmond; Wilmer Ayala, 43, of South San Francisco; Daniel Resendiz, 21; and Jose Martinez, 28, of San Leandro, all pleaded no contest on May 29 to grand theft, retail theft, receiving stolen property, and conspiracy. The four were arrested on April 29 following a major law enforcement operation that also raided a storage facility in South San Francisco and homes in Richmond, San Leandro, and South San Francisco.
According to the Santa Clara County District Attorney's Office, the men stole $65,000 worth of merchandise from Home Depot stores in Alameda, Contra Costa, Marin, Napa, Sacramento, San Mateo, Santa Clara, Santa Cruz, Solano, Sonoma, and Yolo counties from January through April. In many cases, the same stores were hit multiple times, including a Home Depot in Emeryville robbed 24 times.
The DA's Office said their modus operandi was to walk in, steal items, and walk out, sometimes striking multiple stores on the same day across county lines. They would then resell the stolen goods at Bay Area flea markets, prosecutors said.
During a news conference outside Santa Clara County Hall of Justice on Wednesday, District Attorney Jeff Rosen said sentencing for Duarte Herrera and Ayala had been put off to a later date after the court had previously indicated a potential probation sentence.
"These are not shoplifters," Rosen said. "This is a determined, destructive and dangerous thieving crew of individuals."
He added, "We believe these individuals deserve prison. Retailers, large and small, mom and pops, large, national chains, they say these individuals should receive prison. Really, our whole community says these individuals should receive prison."
Rosen said the men were prosecuted using a new law that went into effect in January, AB 1779, that allows for a single local district attorney's office to prosecute crimes that take place across county lines.
"When we heard about this thieving crew who had committed crimes all over the Bay Area and beyond, we knew this was the perfect case to use this new legal tool," Rosen said.
Rosen said one defendant, Duarte Herrera, was not only on probation for previous Home Depot thefts, but he also called in sick for a scheduled probation check-in on a day when he was again stealing from Home Depots in Napa and Sonoma counties.
"That screams prison," said Rosen. "Probation hasn't worked. You're not taking any of this seriously. We need to protect the public, and you need to go to prison," Rosen said.
Rosen said the county probation department recommends six years in prison for Duarte Herrera and five years in prison for Ayala, who Rosen said are the most culpable in the case.
"I think those are appropriate sentences," said Rosen, adding, "I'm encouraged that the sentencing will be put off for some time in order for a more appropriate sentence to be given."
Sentencing for Duarte Herrera and Ayala was continued to October 8, the DA's Office said.