SAN JOSE — A Palo Alto man avoided jail time in a gun case that originated when authorities found a video on Instagram of him allegedly scratching a serial number off of a pistol with a power tool.
Miguel Ochoa-Avalos was sentenced to time served and three years of supervised release for being a felon in possession of a firearm, court records show. Attorneys on both sides of the aisle praised his participation in pretrial diversion programs, with the defense saying he made “tremendous” strides and moved forward in life.
When he was charged in 2023, prosecutors described Ochoa-Avalos as a gang member who was identified in the video through tattoos on his arm. They now say that, “he has matured and hopefully put this past behind him,” according to court records.
“If the past two years are any indication, he appears to be on a path towards a normal, non-criminal life,” a prosecution sentencing memo says. “Nobody is happier about that than Mr. Ochoa-Avalos himself.”