South Bay DA pushes for jail time in organized retail theft case that stretched across region
Crew targeted Home Depot stores from Santa Cruz to Sacramento, reselling items at flea markets in San Jose and Oakland, Rosen says
SAN JOSE — Santa Clara County’s top prosecutor advocated Wednesday for jail time for a defendant who was involved in a string of organized retail theft that targeted more than 30 Home Depot stores across the Bay Area.
“These are not shoplifters,” Santa Clara County District Attorney Jeff Rosen said Wednesday morning at a news conference outside the Santa Clara County Hall of Justice. “This is a determined, destructive and dangerous thieving crew of individuals.”
Rosen said the group struck nearly 200 times in a four-month period, hitting Home Depot stores in every county in the Bay Area.
Adolfo Duarte Herrera, a 45-year-old resident of Richmond, was set to be sentenced Wednesday morning for his involvement in the organized theft ring but his sentencing was continued to a later date.
A judge indicated that the court was considering a sentence of just under a year in county jail and two years probation for Duarte Herrera, which prosecutors “strenuously” objected to, according to court filings.
Suspects in the organized retail theft ring that Duarte Herrera was allegedly part of were taken into custody in May and charged with multiple counts of retail theft, grand theft, vandalism and other crimes. The arrests followed a months-long investigation.
During their thefts, the group targeted Home Depot stores from Santa Cruz to Sacramento, Rosen said, then reselling the items at flea markets in San Jose and Oakland. One Home Depot in Emeryville was robbed 24 times. They stole more than $65,000 worth of goods, prosecutors say.
“We believe these individuals deserve prison,” Rosen said. “The probation department says they should get prison. Retailers, large and small, mom and pops, large, national chains, they say these individuals should receive prison. Really, our whole community says these individuals should receive prison.”
Rosen added that the sentences for the crew should send a strong message.
At the time of the thefts, Duarte Herrera was on probation for previous thefts from Home Depot, Rosen said. During one scheduled check-in with his probation officer, Duarte Herrera called in sick and instead went to rob Home Depot stores in Napa and Sonoma counties, Rosen added.
“That screams prison. Probation hasn’t worked. You’re not taking any of this seriously,” Rosen said. “The previous indications have been a probation sentence. I don’t know if that’s what the court is going to do, but it’s wrong. It’s just wrong.”
Rosen added that the probation department recommended a sentence of six years, which he believes is an appropriate sentence.
“I’m encouraged that the sentencing will be put off for some time in order for a more appropriate sentence to be given,” Rosen added.
The crimes were prosecuted under a new state law that allows prosecutors to consolidate theft charges from separate counties into a single trial.
“When we heard about this thieving crew who had committed crimes all over the Bay Area and beyond, we knew this was the perfect case to use this new legal tool,” Rosen said.
Rosen added that the county hired police investigators and prosecutors to focus on organized retail theft crews. The charges, which were filed in Santa Clara county, consolidated alleged thefts from Alameda, Contra Costa, Marin, Napa, Sacramento, San Mateo, Santa Cruz, Solano, Sonoma and Yolo counties.
Larry Caylor, divisional director of asset protection for Home Depot’s western division, said that the company was proud to partner with Santa Clara County law enforcement and Rosen’s office to “make sure these crimes do not go unanswered.”
“This isn’t about just business losses,” Caylor said. “It’s about protecting people who shop, work and live in our communities. Organized retail crime is a greed-driven operation that funds broader criminal activity and puts public safety at risk.”