LOS ANGELES, Calif. — A Los Angeles County Superior Court judge denied a defense motion to dismiss charges against an accused man who was a passenger in an allegedly stolen vehicle, finding sufficient evidence to proceed with a felony vehicle theft charge despite the defense’s argument that the accused was neither driving nor shown to have known the vehicle was stolen.
During Monday’s preliminary hearing, Judge Michael D. Weinstein also denied a request to reduce the felony charge to a misdemeanor, concluding that reasonable inferences could be drawn about the accused’s knowledge of the vehicle’s status.
According to court records, the accused faces one felony count of driving or taking a vehicle without the owner’s consent and one misdemeanor count of possessing burglary tools. Both charges stem from a July 14 incident.
Deputy District Attorney Mark De Alba called Los Angeles police Officer Cain Chiu, who testified about his observations and investigation on the morning of the alleged offenses.
Chiu testified that he was patrolling near Lorena Street and Whittier Boulevard at approximately 4 a.m. when he noticed a white Honda Civic parked at a gas station.
According to Chiu, the driver exited the vehicle while the passenger, later identified as the accused, entered the gas station’s store.
Chiu approached the driver and checked the vehicle identification number, discovering that it did not match the license plate displayed on the Honda Civic.
After detaining both occupants, officers searched the accused’s satchel and recovered a key fob programmer and a parking ticket stub, Chiu testified.
When De Alba asked about the device, Chiu explained that a key fob programmer can be used to reprogram certain vehicles, allowing someone to unlock and start them.
During cross-examination, Deputy Public Defender Luke Michael Rodriguez questioned whether the device had legitimate uses unrelated to vehicle theft.
Chiu acknowledged that a key fob programmer can also be used for vehicle diagnostics.
Rodriguez then established that the codefendant, rather than his client, had been driving the Honda Civic when officers encountered them.
Chiu also agreed with Rodriguez’s characterization that the codefendant was responsible for placing the fraudulent license plate on the vehicle.
Following the testimony, Rodriguez moved to dismiss the charges, arguing that prosecutors had failed to establish sufficient evidence connecting his client to the alleged offenses.
Rodriguez emphasized that his client was merely a passenger and that the prosecution had not demonstrated he knew the vehicle was stolen.
“No mens rea establishes the accused knew he was in a stolen vehicle and as to count two, there is no evidence the burglary tool was used,” Rodriguez argued.
The defense also requested that the felony vehicle theft charge be reduced to a misdemeanor, citing the codefendant’s role as the driver and the absence of direct evidence that the accused participated in taking the vehicle.
Weinstein rejected the defense’s arguments, finding that the circumstances supported reasonable inferences concerning the accused’s knowledge.
“Reasonable inferences can be drawn about the defendant’s knowledge in this case, given that he was the passenger in an apparent stolen car,” Weinstein stated.
The judge denied the motion to dismiss and declined to reduce the felony count to a misdemeanor, allowing the prosecution to proceed on both charges.
At a preliminary hearing, prosecutors are not required to establish guilt beyond a reasonable doubt. Instead, the court determines whether sufficient evidence supports holding an accused person to answer the charges.
The defense’s arguments focused on whether the accused’s presence in the vehicle and possession of the key fob programmer established the knowledge or participation necessary to support the charges.
Although Weinstein found sufficient evidence to proceed, the ruling does not constitute a determination of guilt.
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The accused remained released on his own recognizance and was ordered to return to court Nov. 9.
