Two men authorities say unwittingly bagged an FBI agent’s loaded pistol, badge, and security credentials while breaking into cars in Lafayette Feb. 20 have been charged with the crime – though the weapon and credentials remain missing.
The San Francisco Chronicle reported that police in their city, armed with the license plate number of a vehicle seen leaving the area of the Lafayette burglary, executed a search of the residence – arresting two men they said raided the agent’s car while he dined with friends at a local restaurant.
Marvin Raul Guerra and Jose Ochoa Gutierrez of San Francisco were taken into custody at the time, telling investigators they threw the agent’s gun and gear off the Bay Bridge once they realized what they’d done. Police are working to verify that story, so far recovering only a protein bar from the agent’s pilfered backpack.
Guerra and Gutierrez, both 18, have been charged with a battery of offenses, and face a maximum 10-year prison sentence and a $250,000 fine, according to the Chronicle.
Both men were released from jail this week.
Investigators determined that Guerra made off with the agent’s backpack after breaking the rear passenger window of a car parked on Lafayette Circle, near American Kitchen, Gutierrez allegedly telling police he drove the white Honda seen leaving the area.
As this site reported at the time, the burglary and loss of the agent’s weapon was an uncomfortable reminder of a 2017 incident in which a 10mm H&K submachine gun was taken from another agent’s car while it was parked in the Lamorinda area.
A 2016 bill requires gun owners, including law enforcement officers, to lock unattended guns in a trunk or in a secured container that isn’t visible to potential thieves while away from their vehicles.
In the Lafayette case, the agent’s weapon, badge, federal entry card – and apparently at least one energy bar – were left in a backpack on the backseat of the vehicle he was in.