Gang trio charged with attempting to murder cop

A trio of Norteño gangmembers who prosecutors say fired on a San Bruno cop while on their way to kill a rival appeared in court yesterday, including one former state prisoner who would have qualified for release as a non-serious offender under the new terms of realignment.  Daniel Garcia, 23, Jordy Bernal, 18, and Michael Apolinario, 25, each appeared in court on charges of attempted murder on a peace officer, conspiracy to commit murder, being a gangmember and assault with a deadly weapon. Garcia is also charged with car theft, recklessly evading a police officer and personally discharging a firearm. All delayed entering pleas until June 27.  The trio were allegedly on their way to shoot an opposing gangmember when police responded to calls of suspicious individuals in a residential San Bruno neighborhood near Belle Air Elementary School at approximately 1:45 a.m. May 26. An officer saw a car carrying three people, later identified as the defendants, and followed after the vehicle went through a stop sign. The driver reportedly did not respond to the officer’s lights and a pursuit followed until the three men fled the vehicle. The officer chased Garcia who pulled out a gun and fired two rounds, according to prosecutors.  The officer returned fire but neither he nor Garcia were hit.  Police found Apolinario and Bernal hiding nearby and arrested Garcia later that evening. The gun was found the next day in a backyard by a 9-year-old boy playing with his sister. He showed the gun to his mother and asked if he could play with it, said District Attorney Steve Wagstaffe. Bernal only has a misdemeanor on his criminal record but both Apolinario and Garcia were recently released from prison. Apolinario is on eight years probation out of Texas for aggravated assault with a deadly weapon and deadly discharge of a firearm. In 2008, he was sent to a California prison for five years on a gang felony. Garcia served prison time for drug possession and was released ahead of the new state realignment rules. However, Wagstaffe said under the new release guidelines for inmates with non-serious convictions Garcia would have qualified. Wagstaffe said that shows even non-serious offenders can commit serious crimes. “Some of these people are pretty darn evil and Mr. Garcia qualifies,” Wagstaffe said. All three men remain in custody without bail.

 

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