Case # 16NF0281
Date: January 29, 2016
GANG MEMBER NAMED IN PLACENTIA GANG INJUNCTION TO BE ARRAIGNED FOR STABBING-ASSAULT OF GANG RIVAL
SANTA ANA, Calif. – A Placentia criminal street gang member is scheduled to be arraigned on charges of aggravated assault for stabbing a gang rival. The Orange County District Attorney’s Office (OCDA) is seeking to enjoin Joseph Paul Alvarez, 25, Anaheim, in a Placentia gang injunction. Alvarez and two co-defendants Damien Rubalcava, 15, Yorba Linda, and Sergio Antonio Valdez, 16, Placentia, are each charged with one felony count of aggravated assault, one felony count of second degree robbery, one felony count of assault with a force likely to produce great bodily injury, one felony count of street terrorism with a sentencing enhancement allegation for criminal street gang activity. Rubalcava and Valdez are being directly filed as adults. Rubalcava faces an additional sentencing enhancement allegation for the personal use of a knife. Alvarez faces an additional sentencing enhancement allegation for a prior strike conviction for vandalism over $400 for the benefit of a criminal street gang in 2008 in Orange County. If convicted, Alvarez faces a maximum sentence of 25 years in state prison. If convicted, Rubalcava faces a maximum sentence of 16 years in state prison and Valdez faces a maximum sentence of 15years in state prison.
Alvarez is scheduled to be arraigned today, Jan. 29, 2016, in Department CJ-1, Central Jail, Santa Ana. The time is to be determined this afternoon. Rubalcava and Valdez are scheduled to be arraigned this afternoon in Department N-3, North Justice Center, Fullerton.
Circumstances of the Gang Injunction
On Sept. 21, 2015, the OCDA filed a lawsuit against two violent criminal street gangs in the city of Placentia. On Nov. 16, 2015, the Honorable Peter Wilson issued a preliminary injunction on both criminal street gangs. In the OCDA’s lawsuit, evidence has been presented to the court that gang members from these criminal street gangs are committing violent crimes and being an active public nuisance in two safety zones in Placentia. A hearing about the injunction is scheduled on April 14, 2016, at 9:00 a.m. in Department CX104, Civil Complex Center, Santa Ana.
Deputy District Attorneys Lisa Grossman and Sayge Castillo of the GRIP/Gang Injunction Unit are litigating the civil gang injunction case.
On Sept. 30, 2015, Alvarez was personally served with a copy of the proposed injunction. In order to be named and served on the injunction, the party must be a documented and active member in an enjoined criminal street gang. To read more about the injunction, please visit the following link: https://orangecountyda.org/civica/press/display.asp?layout=2&Entry=4552
Circumstances of Case # 16NF0281
At the time of the crime, Alvarez, Rubalcava and Valdez are accused of being members of the same Placentia criminal street gang.
Before 2:00 p.m. on Jan. 27, 2016, John Doe was sitting on a bus station bench on South Placentia Avenue inside the gang injunction safety zone in Placentia. Alvarez is accused of driving a Dodge Journey down the street with the defendants in the vehicle. The defendants are accused of seeing John Doe, a member of a rival criminal street gang, from across the street. Rubalcava and Valdez are accused of exiting the vehicle and chasing after the victim, who began running westbound down the street. The defendants are accused of stabbing the victim in the right side of the victim’s chest and back and right arm.
Alvarez is accused of driving away from the scene after the defendants returned to the vehicle.
Witnesses near the scene called 911, and paramedics responded to the scene. John Doe was transported to the University of California, Irvine Medical Center for treatment for his stab wounds.
The Fullerton Police Department (FPD) investigated this case. The investigation is ongoing. Officers from FPD located Alvarez’s vehicle in a parking lot on Yorba Linda Blvd approximately 30 minutes after witnesses had called 911 and arrested the defendants.
Senior Deputy District Attorney Jason Baez of the Gang Unit is prosecuting this case.
Circumstances of Case # 15NF0114
At the time of the crime Alvarez is accused of being out of custody on bond and having a pending case in Orange County. On Feb. 6, 2015, Alvarez was charged with one felony count of conspiracy to commit assault with force likely to produce great bodily injury, one felony count of assault with force likely to produce great bodily injury, one felony count of street terrorism, and sentencing enhancement allegations for criminal street gang activity and a prior strike conviction for vandalism over $400 for the benefit of a criminal street gang in 2008 in Orange County. If convicted, Alvarez faces a maximum sentence of 19 years in state prison.
Senior Deputy District Attorney Elisabeth Hatcher of the Gang Unit is prosecuting this case.