FULLERTON, Calif. (CNS) — A 31-year-old felon pleaded guilty and was sentenced Thursday to two years in prison for resisting arrest and attacking a Brea police officer during an arrest.
Gilbert Antonio Villalba has a prior strike for a second-degree robbery conviction, according to prosecutors. If convicted at trial, Villalba would have faced up to seven years and four months in prison.
Prosecutors objected to the plea deal from an Orange County Superior Court judge.
An officer was on patrol Feb. 2 when he recognized a blue Hyundai Elantra driven by Villalba and was aware that he was wanted on an outstanding felony warrant, prosecutors said.
The officer attempted to stop Villalba, who steered into a Home Depot parking lot, where he jumped out of the car and ran, prosecutors said.
The officer chased after him and as he gained ground, Villalba circled back to his vehicle, where his girlfriend, who was in the passenger seat, was standing outside of the car, prosecutors said.
The officer pushed the suspect against the car and wrestled him down to keep him out of the vehicle, prosecutors said.
During the struggle, Villalba grabbed the grip of the officer's service revolver as he tried to rip it from the holster, prosecutors said.
The officer punched the suspect repeatedly as Villalba continued to try to grab the gun, prosecutors said.
Villalba also told his girlfriend, “Babe, grab his gun, grab his gun…” prosecutors said. She refused to intervene.
The officer felt he was going to be “overpowered” by the suspect, but a retired law enforcement officer witnessed the struggle and helped the officer get the suspect under control, prosecutors said.
Villalba pleaded guilty to resisting arrest, battery on a peace officer and resisting an executive officer, all felonies.
“This was not resisting arrest,” Orange County District Attorney Todd Spitzer said. “This was an attack on a uniformed police officer where a wanted felon used so much force he ripped two of the bolts completely off his holster.”
“It is only because of the grace of God, a good Samaritan, and the officer's will to survive that he is alive today.”
Spitzer was critical of the plea deal.
“But instead of holding a violent felon with an extensive criminal history accountable, today's slap on the wrist sentence sent a strong message that police lives don't matter,” Spitzer said.
“Police officers are our sworn protectors and a willingness to attack a uniformed police officer shows a complete disregard for the rule of law and the safety of our communities.”
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