In November 2102, Virgen was charged in an information with shooting at an inhabited dwelling (Pen. Code, §§ 246, 12022.5, subd. (a), count 1), recklessly evading a pursuing officer (Veh. Code, § 2800.2, subd. (a), count 2) and carrying a concealed firearm in a vehicle (Pen. Code, § 25400, subd. (a)(1), count 3). As to count 1, the information specially alleged the offense was committed in association with, and for the benefit of, a criminal street gang (Pen. Code, § 186.22, subds. (b)(1)(C) & (4)) and a principal was armed with a firearm in the commission of the offense (Pen. Code, § 12022, subd. (a)(2).) The information further specially alleged Virgen had previously served two separate prison terms for felonies. Virgen pleaded not guilty and denied the special allegations.