OAKLAND – James David Allen II made an initial appearance today in federal court on a criminal complaint for being a felon in possession of a firearm and ammunition, after police arrested him on July 8, 2020, announced United States Attorney David L. Anderson and Federal Bureau of Investigation Special Agent in Charge John F. Bennett.  Allen made his initial appearance in federal court today before Magistrate Judge Sallie Kim.

According to the complaint, Allen, a resident of Washington State, was found sleeping in a stolen car in Pinole on the morning of July 8, 2020.  After confirming that the vehicle was stolen, officers arrested Allen and conducted an inventory search of the vehicle.

The complaint alleges that on the front passenger floorboard of the vehicle, officers found a loaded AR-15 style rifle with handwritten numbers and words all over it.  The rifle was pointed barrel down with the rear stock leaning against the front edge of the passenger seat, making it immediately accessible to the driver’s hand.  It was equipped with a loaded, high-capacity 30-round magazine.  Upon taking possession of the rifle, the arresting officers found a live round chambered and the fire control switch set to “fire.”   A second loaded, high-capacity 30-round magazine was taped to this magazine. The second magazine was positioned opposite so that the shooter could drop the first magazine from the rifle and easily flip it over to insert the other loaded magazine.  A third loaded, high capacity magazine was found in the trunk of the vehicle. 

The charges contained in the criminal complaint are mere allegations.  As in any criminal case, the defendant is presumed innocent unless and until proven guilty in a court of law.

Michael A. Rodriguez is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Kay E. Konopaske.  The prosecution is the result of an investigation by the Federal Bureau of Investigation and the Pinole Police Department.