Two men charged in car burglary where FBI agent's gun was stolen

LAFAYETTE, Calif. - The U.S. Attorney's Office for the Northern District of California has charged two adults in connection to an FBI agent's gun and badge that were stolen over the weekend in a Lafayette car break-in.

Federal agents charged Marvin Raul Guerra with theft of government property, smashing an FBI agent's rental car and for stealing his backpack, which contained a loaded gun, aftermarket sights for the gun, and his badge and credentials. The agent was apparently from out of town. 

Federal agents on Wednesday said a suspect car containing the FBI agent's belongings was tracked to San Francisco. However, the gun was not found. 

Jose Ochoa Gutierrez is also charged in the case for aiding and abetting as the getaway driver. The suspects said they tossed the items when they realized who they belonged to. 

The Saturday afternoon break-in happened in a parking lot near American Kitchen on Lafayette Circle.

The agent was having lunch with his wife and another family at a restaurant when the theft occurred not 20 feet away, according to a restaurant owner. 

KTVU's Henry Lee contributed to this report.