Trucker’s Arrest Draws Protests From Public

Truck driver Fernando Sancho’s arrest on suspicion of attempted murder drew dozens of protests from irate callers to the La Habra Police Department who do not believe the 39-year-old man should be prosecuted in the shooting of two men who tried to burglarize his rig, police said Tuesday.

“The callers felt that he was protecting his life and property and should not be punished for that,” Capt. John Rees said. “The public sees him as truly a victim.”

Sancho, an independent trucker, was sleeping early Monday in a rig packed with $250,000 worth of frozen seafood. Police said he had a rifle at his side and was awakened by three would-be thieves from Los Angeles, all of whom were unarmed. Sancho chased the men and allegedly fired the rifle at them.

Two of the men were hospitalized with serious injuries that were not life-threatening. A third man, who was not injured, was also allegedly involved. All were arrested on suspicion of attempted burglary.

The three suspects are Joel Montes, 20; Fernando Avila, 21; and Alfonzo Rodriguez, 27. They made it from the shooting scene to their car and drove to an all-night warehouse in Fullerton, where paramedics were called. Avila and Rodriguez were treated for gunshot wounds at Western Medical Center-Santa Ana.

The Orange County district attorney’s special assignment unit has asked police to continue their investigation before a decision is made whether to prosecute Sancho, a resident of La Habra. The key issue is whether Sancho would have been justified in firing the weapon after the men no longer posed an immediate threat to his cargo, police said.

“How many yards do you go before you go too far, that’s what we are struggling with,” Rees said. “If this had all happened within feet from the truck, there wouldn’t be too many issues we would be dwelling on. If this had happened within miles from the truck, I think the public would see it differently. This one is measured in yards and that puts it in a gray area.”

Because of the investigation, Rees declined to say how many yards away from his rig Sancho allegedly was when he shot at the men.

“The case is still under review,” he said. “We are still going to do some forensic work on it and some additional interviews.”

Rees said the main reasons Sancho was taken into custody were to give police an opportunity to take blood samples, fingerprints and do gunshot residue testing.

“If we are going to do all that, we either have to have a court order or have the person in custody,” he said. “We kept [Sancho] apprised of what was going on and why. He understood.”

The police captain said the district attorney’s office has up to a month to decide whether to file charges against Sancho, who was released Monday night on his own recognizance.

The shooting occurred about 1:30 a.m. Monday in a commercial strip in the 1000 block of South Beach Boulevard near Imperial Highway; it is a common location for truckers to park. The spot is near Sancho’s home.

Rees said police “have to have a good look at [the incident] to help everyone understand what the boundaries are in this type of situation.”