Two Men Arrested for Gang Enhancements and Felonies

Two Men Arrested for Gang Enhancements and Felonies title=
Two Men Arrested for Gang Enhancements and Felonies
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Gabriel Fonesca and Samuel Payan (SBPD)

Source: Santa Barbara Police Department

On Thursday, May 10th at approximately 4:30 P.M., Special Enforcement Team (SET) officers conducted a traffic stop of a gray GM Sierra for failure to stop at a stop sign.  During that stop the driver of the vehicle described as a Hispanic male with a tattoo on the left side of his face, fled.  The passenger of the vehicle, Daniel Payan, was subsequently arrested for being under the influence of drugs.  Information regarding the suspect that fled the vehicle was shared with other patrol officers.

Early the next day at approximately 12:30 A.M., an officer came upon a disabled green ford explorer at Garden and E Yanonali which presented as a traffic hazard.  Upon approaching the vehicle,  the officer noted both occupants had what appeared to be gang tattoos and were under the influence of drugs.  Both subjects behaved suspiciously and gave false names.  Additional officers were summoned to the scene. One of the occupants of the vehicle later identified as Samuel Payan age 35, matched the description of the subject who had fled from SET officers earlier in the evening. 

As officers continued to question the subjects, Samuel Payan stood and attempted to run.  Two officers gave chase and were able to successful take Payan into custody.  Payan continued to struggle during the arrest at which time a loaded semi-automatic pistol fell from Payan’s person on to the ground.  A search subsequent to arrest found that Payan was in possession of a second firearm, an unloaded revolver. 

Both subjects were identified as Samuel Payan and Gabriel Fonseca age 34. They were arrested for a number of felonies including gang enhancements.

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Factotum May 17, 2018 05:45 PM
Two Men Arrested for Gang Enhancements and Felonies

Penal Code 186.22 PC is part of the "California Street Terrorism Enforcement and Prevention Act" – more commonly referred to as the California "STEP Act" . . . or as California's street gang enhancement law. Two parts - committing a crime with a gang member, or committing a crime for the benefit of the gang.

a-1573850947 May 17, 2018 03:55 PM
Two Men Arrested for Gang Enhancements and Felonies

I'm confused.. what were they really arrested for? Hanging out in their car? Allegedly doing drugs, but what kind because pot doesn't count anymore. And "gang enhancement" feels like a trumped up charge because of their race.

a-1573850947 May 17, 2018 04:03 PM
Two Men Arrested for Gang Enhancements and Felonies

Um, looks like they were arrested for being high in public (a crime), giving false names (a crime), attempting to (and successfully doing so the night before) run from a cop (a crime), being in possession of a loaded firearm without a permit (a crime). Also, a "gang enhancement" has nothing to do with race. It has to do with being punished harder if you make the choice to join a criminal street gang and then carry out crimes as a member of that gang. Please don't make a decision a race issue. No one forces anyone to join a gang. With that said, I'm not sure what activities these guys were doing that warranted a gang enhancement.

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