Felon Found Sleeping In Car In Pinole With AR-15 Appears In Court

OAKLAND, CA — A Washington state felon who was found sleeping in a stolen car in Pinole with a an assault rifle and ammunition made an initial federal court appearance Monday in Oakland, according to an announcement from the U.S. Department of Justice Northern District of California.

Pinole police found James David Allen II sleeping in a car Wednesday morning and when officers confirmed the car was stolen, they placed Allen under arrest and did a search of the car, according to a statement Monday from U.S. Attorney David Anderson and FBI Federal Agent In Charge John Bennett.

It is alleged in a federal complaint filed against Allen 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, according to federal prosecutors.

The rifle was equipped with a loaded, high-capacity 30-round magazine, feds say.

Upon taking possession of the rifle, it is alleged that 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, prosecutors allege.

It is further alleged that 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.

Lastly, it is alleged that a third loaded, high-capacity magazine was found in the trunk of the vehicle.

Assistant U.S. Attorney Michael Rodriguez is prosecuting the case with the assistance of Kay Konopaske.

The prosecution is the result of an investigation by the FBI and the Pinole Police Department.