Bail-Jumper Held in Shooting of O.C. Officer

A 28-year-old fugitive who authorities say opened fire on a Santa Ana police cruiser Saturday, seriously injuring one officer, had jumped bail just before being sentenced in January to 180 years in prison for bank robbery and other felonies, court records show.

Fernando Gonzales pleaded guilty to the armed robbery in October, but before he was sentenced, an Orange County judge released him on reduced bail so he could seek medical treatment for a gunshot wound he suffered during the 2001 bank heist.

Once freed, Gonzales disappeared and on Jan. 27 was sentenced in absentia.

Gonzales, also known as Jose Alberto Maciel, resurfaced Saturday when two Santa Ana officers noticed a car parked in the middle of a residential street in the southwest corner of the city, surrounded by a crowd.

When they pulled up to investigate, Gonzales jumped out of his silver Honda and starting shooting at the patrol car.

The officers returned fire, striking him four times in the right leg and upper torso.

On Monday, Santa Ana’s police chief voiced outrage after learning that Gonzales should have been serving a prison sentence at the time he allegedly fired a bullet into the abdomen of the officer, who was in stable condition.

“It is frustrating,” Chief Paul Walters said.

“Being a police officer is tough enough. Letting a criminal out, there has to be some pretty overwhelming facts to make the decision justified. I don’t know why [the judge] would let a person out with that kind of history.”

Gonzales has a history of felony and petty-crime convictions as well as narcotics addiction and is a three-strikes felon who has been imprisoned for most of the last five years, court records show.

In November 2001, Gonzales stepped into a Santa Ana branch of Union Bank and ordered tellers to fill a bag with money. More than $50,000 was taken, court records show.

A bank customer jotted down Gonzales’ license number and telephoned police, who tracked him down near his home.

Gonzales was shot in the arm during a stand-off with local officers and FBI agents.

In October, Gonzales agreed to plead guilty to the bank robbery as well as possession of a firearm in exchange for a 30-year sentence.

At the time of his pleading, Gonzales acknowledged that his record included convictions for first-degree residential burglary, two gang-related crimes and possession of drugs and paraphernalia while in prison, court records show.

Orange County Superior Court Judge Robert R. Fitzgerald agreed to release Gonzales on bail before sentencing so he could be treated for his gunshot wound, and also reduced his bail to $50,000 from $150,000.

The Orange County district attorney’s office refused to comment on the Gonzales case, including whether prosecutors opposed or supported the bail reduction.

Gonzales’ defense attorney, Marlin G. Stapleton Jr., also declined to comment.

According to court documents, Gonzales posted bond the following month on the understanding that he would return to court for sentencing in January.

Fitzgerald told Gonzales that if he failed to appear in court, the plea agreement would be thrown out and he would be given the maximum penalty.

When Gonzales failed to return for the Jan. 27 hearing, Fitzgerald sentenced him to 180 years in prison and issued a no-bail warrant for his arrest.

The Santa Ana police chief said officers searched for Gonzales on Jan. 29 after he failed to appear in court.

“His family told officers that he knew he was wanted and he was on the run,” Walters said.

The chief said he and others believe Gonzales was hoping to commit suicide by provoking a gun battle with police, and Gonzales made comments to that affect.

Walters said that the case illustrates a need to review court policies for reducing bail for three-strikes felons, particularly those who have used firearms to commit crimes.

“It’s not just the officer’s safety, but the public’s safety that has to be taken into consideration,” Walters said.

“Our question to the judge is, how could we prevent this from happening again?”

Walters said the injured officer has undergone surgery to remove the bullet.

The officer, who has been with the department since 1999, has more than 10 years of law enforcement experience.

He worked for a city in San Bernardino County before joining the Santa Ana police.

He recently became a motorcycle traffic officer and was working an extra shift on Saturday when he was shot.

Both officers in the car Saturday night were motorcycle officers working extra shifts to gather intelligence for the department’s gang unit.

The wounded officer is in stable condition at Western Medical Center-Santa Ana. Authorities have not released his name.

Gonzales was listed in stable condition Monday at UCI Medical Center in Orange, where he has been charged with attempted murder of a police officer.