San Francisco prosecutors have charged their first suspect under Proposition 36, which toughened penalties for minor property and drug offenses.
Martinez Guillory, 51, had a loaded gun and was carrying heroin and cocaine that he intended to sell when cops stopped him for evading fares Wednesday at the Civic Center BART station, the San Francisco district attorney’s office said.
According to court documents, Guillory “piggy backed” off another BART rider through the fare gates to avoid paying. Police discovered that Guillory was carrying 105 grams of suspected heroin, 40 grams of cocaine, 59 grams of cocaine base, packaging material, and a digital scale in his backpack, according to prosecutors. He also had a 9mm Glock 26 semi-automatic pistol, authorities said.
He faces charges that include felony possession of a controlled substance with intent to sell and being a felon in possession of a firearm.
If convicted, Guillory could face tougher sentencing thanks to the passage of Prop. 36, a spokesperson for District Attorney Brooke Jenkins said. The charges come just two days after the law went into effect.
“My office is committed to using every tool available to protect the safety of the public,” Jenkins said in a press release. “With the passage of Prop. 36, my office now has new tools available that we will use appropriately, as intended by the voters, and move to hold who would break our laws accountable.”
California voters overwhelmingly approved Prop. 36 in the November election, a move that was seen as reflecting changing attitudes toward crime and drug use.
The measure allows prosecutors to slap minor property and drug offenders with tougher sentences. The law also threatens convicted drug dealers with murder charges if their clients die from an overdose.
Prop. 36. essentially dismantles the decade-old Prop. 47, a controversial ballot measure that had reclassified most low-level property and drug crimes as misdemeanors.
Drug offenses are up 4% in San Francisco compared to this point last year, according to police data analyzed by The Standard.
Proponents of Prop. 36, including Mayor London Breed, had argued that it was needed to tackle the city’s fentanyl crisis and tamp down on retail theft.
Opponents fear it will return the state to its days of mass incarceration. It may also be costly, they say. The state Legislative Analyst’s Office estimated that Prop. 36 “would increase local criminal justice costs, likely by tens of millions of dollars annually.”
Guillory’s arraignment is scheduled for Friday afternoon. He was being held on $20,000 bond.