Marine’s Death Leads to Charges for 18-Year-Old San Bernardino Teen

SAN BERNARDINO, CA — Rudy Garcia Jr., an 18-year-old from San Bernardino, has been charged with a series of violent crimes that occurred on May 20, 2024. These charges include the murder of USMC Gunnery Sgt. Robert McDonald and the attempted murder of two other individuals.

On May 20, 2024, Garcia allegedly murdered USMC Gunnery Sgt. Robert McDonald with malice aforethought. The felony complaint, filed in the Superior Court of California, County of San Bernardino, charges Garcia with murder under California Penal Code Section 187(a), which defines murder as the unlawful killing of a human being with malice aforethought. The complaint also includes special allegations under Penal Code Sections 12022.53(b), (c), and (d), indicating that Garcia personally and intentionally discharged a handgun, causing McDonald’s death. These enhancements could add an additional 25 years to life imprisonment if Garcia is convicted.

Attempted Carjacking

Rudy Garcia Jr. is charged with attempted carjacking under California Penal Code Sections 664 and 215(a). Penal Code Section 215(a) defines carjacking as the unlawful taking of a motor vehicle in the possession of another person by means of force or fear. Since Garcia did not complete the carjacking, he is charged with an attempt under Penal Code Section 664, which applies to crimes that were attempted but not completed. These statutes indicate that Garcia attempted, but did not succeed, in forcibly taking McDonald’s vehicle.

Penal Code Sections 12022.53(b), (c), and (d) outline firearm enhancements that can increase the severity of a sentence if a firearm is used during the commission of a crime. Specifically:

• Section 12022.53(b): Imposes an additional and consecutive 10-year prison term if the defendant personally used a firearm during the commission of the crime.
• Section 12022.53(c): Imposes an additional and consecutive 20-year prison term if the defendant personally and intentionally discharged a firearm during the commission of the crime.
• Section 12022.53(d): Imposes an additional and consecutive 25 years to life in prison if the defendant’s intentional discharge of a firearm caused great bodily injury or death to any person other than an accomplice during the commission of the crime.

In Garcia’s case, the special allegations under these sections suggest that he personally and intentionally discharged a handgun during the attempted carjacking, resulting in the application of these enhanced penalties if he is convicted.

Attempted Second-Degree Robbery

In a separate count, Garcia is charged with attempted second-degree robbery under California Penal Code Sections 664 and 211. Penal Code Section 211 defines robbery as the unlawful taking of personal property from another person against their will by means of force or fear. Second-degree robbery refers to any robbery that does not meet the criteria for first-degree robbery, which typically involves specific locations or victims. Since Garcia did not complete the robbery, he is charged with an attempt under Penal Code Section 664, which applies to crimes that were attempted but not completed.

This charge alleges that he attempted to take personal property from McDonald using force or intimidation, classifying it as a serious felony. The special allegations under this count assert that Garcia personally used and discharged a handgun during the robbery attempt. These firearm enhancements under Penal Code Sections 12022.53(b), (c), and (d) could lead to significant additional penalties if Garcia is convicted, similar to those applied in the attempted carjacking charge.

Attempted Murder of Dennis Delgado Morales and Susan M. Griffin

The complaint includes two counts of willful, deliberate, and premeditated attempted murder under California Penal Code Sections 664 and 187(a). These charges relate to the alleged attacks on Dennis Delgado Morales and Susan M. Griffin. Penal Code Section 187(a) defines murder as the unlawful killing of a human being with malice aforethought. When applied with Penal Code Section 664, it covers attempted murder, indicating an intent to kill that was not successfully carried out.

Garcia is accused of attempting to murder both Morales and Griffin with premeditation and deliberation. Premeditation means that Garcia allegedly planned the attempted murders ahead of time, while deliberation indicates that he made a conscious decision to commit the crimes. These factors elevate the severity of the charges, categorizing them as serious and violent felonies.

Special allegations for these counts include firearm enhancements under Penal Code Sections 12022.53(b) and (c). These enhancements indicate that Garcia personally used and intentionally discharged a handgun during the attempted murders.

Assault with a Semiautomatic Firearm

Garcia also faces charges of assault with a semiautomatic firearm under California Penal Code Section 245(b) for the alleged attacks on Dennis Delgado Morales and Susan M. Griffin. Penal Code Section 245(b) defines assault with a semiautomatic firearm as willfully and unlawfully committing an assault using a semiautomatic firearm. This offense is classified as a serious and violent felony, reflecting the heightened danger and potential for harm associated with using such a weapon.

The special allegations under Penal Code Sections 12022.5(a) and 12022.5(d) further intensify the charges against Garcia:

• Section 12022.5(a): Imposes an additional and consecutive prison term of 3, 4, or 10 years if the defendant personally used a firearm in the commission of a felony or attempted felony.
• Section 12022.5(d): Specifically applies to assaults with a semiautomatic firearm, adding an additional and consecutive prison term.

Aggravating Factors and Upcoming Court Proceedings

The complaint against Rudy Garcia Jr. highlights several aggravating factors that could influence his sentencing if convicted. These factors include the significant violence and harm involved in the crimes, Garcia’s use of a firearm, the vulnerability of the victims, and the planned and deliberate nature of his actions. These elements suggest that the offenses were not only severe but also premeditated, indicating a higher level of culpability.