|(February 17, 2021, 4:30 a.m.) --The LA County District Attorney's office has filed one count of first degree residential burglary (with a person present) against Jeremy Marack, 31, the individual arrested by LBPD on Feb. 5 following a break-in tat the residence of an 85 year old Belmont Shore woman. The break-in was first reported with comment by LBREPORT.com columnist Doug Krikorian (at this link. LBREPORT.com followed=up on the case.
As reported by LBREPORT.com, LBPD says officers responded at about 8:30 a.m., observed the front door had been forced open, escorted the elderly resident to safety, found a man in her residence and arrested and booked Mr. Marack on suspicion of residential burglary with bail set at $ 50,000.
LBPD presented the case to the DA's office for filing consideration. The DA's office filed the residential burglaryh charge on Feb. 9.
CA Penal Code sectiom 459 defines burglary as entering a room, structure, or locked vehicle with the intent to commit a felony therein. Residential burglary is a felony and becomes a "violent felony" if:someone was in the home/structure entered by the defendant
The DA's office has the burden of proving each element of the offense alleged beyond a reasonable doubt. If convicted, Mr. Marack may face 2, 4 or 6 years in state prison and a fine of up to $10,000.
LASD's inmate info website indicates that on Dec. 5, 2020, LA County Sheriffs arrested and booked Mr. Marack on two unspecified misdemeanors with bail indicated at $5,000 on each. He was cited and released shortly before midnight the same day (Dec. 5) and given court dates of April 12 and April 13 respectively on these two misdemeanors.
Less than 24 hours later on December 6, LASD again arrested Mr. Marack, and booked him on an unspecified misdemeanor, indicating a bail amount of $30,000. He was cited and released and given an April 6 court date on this misdemeanor;.
Further as it develops.
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