FROM:
Amy Cornell, Public Information Officer   CONTACT PERSON:
Cherie Bourlard, Deputy District Attorney
(408) 792-2519   For release on July 10, 2009   THREE MEN POSING AS WATER COMPANY EMPLOYEES ENTER PLEAS TO BURGLARY AND VARIOUS OTHER FELONY CHARGES   41-year old Tommy John and 24-year old David Marino (also known as Nicky Garcia) pled guilty, and 36-year old Barney Mendes pled no contest yesterday to various counts of Residential Burglary and Felony Evasion of a Pursuing Peace Officer’s Vehicle in Santa Clara County Superior Court.   On January 12, 2009, Tommy John knocked on the door of an elderly Santa Clara couple and claimed to be a Santa Clara Water Company employee. He said he needed to check the backyard for water pipes. The male victim took John to the backyard, where Mendes met up with them. Meanwhile, Marino, unaware of the elderly female victim in the house, entered through the front door where he was confronted by her. He told her he was from the water company and had to check the kitchen sink faucet. The victim became suspicious and called the water company.   All three defendants fled the home in a white truck. A neighbor then called 911. The police tried to pull over the truck, but Mendes, who was driving, recklessly evaded them by running stop signs and speeding through residential neighborhoods. John and Marino got out of the truck, and Marino attempted to overtake a taxi cab, until the cab driver was able to jump out of his car with the keys. All three defendants were eventually arrested.   It was then learned that Defendant Marino committed the same ruse burglary on a 91-year old female victim the day before in Milpitas. Jewelry and other valuables were stolen from her house.   John will be sentenced to 7 years State Prison and Mendes will be sentenced to 4 years State Prison on July 31st at 9:00 a.m. in Department 24.  Marino will be sentenced to 7 years State Prison on August 28th at 9:00 a.m. in Department 24.   ###

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