Man Enters Plea In SMC New Year's Shooting Case

SOUTH SAN FRANCISCO, CA — A 27-year-old man accused of firing a gun during an encounter with South San Francisco police in 2015 has pleaded no contest to felony assault with a firearm on an officer to resolve a case that led to a mistrial earlier this year, prosecutors said Thursday.

Ivan Dejesus Gomez was firing shots in the air when police responded to First Lane around 3 a.m. on New Year's Day in 2015, according to the San Mateo County District Attorney's Office.

Officers couldn't find Gomez at first as he hid in the shadows, but they found his car. While inputting his license plate in their system, an officer saw Gomez watching through the windows of a parked car, prosecutors said.

When an officer ordered Gomez to put his hands up, he allegedly drew a weapon and advanced toward police while firing a shot. An officer retreated to his vehicle and fired at Gomez, who fled the scene but was eventually arrested, prosecutors said.

Neither Gomez nor the officer were struck by the gunfire.

Gomez's defense attorney admitted Gomez fired his weapon but said it was in the air and not at police, according to District Attorney Steve Wagstaffe.

He went to trial earlier this year but a jury deadlocked on May 1 on attempted murder and felony assault on a police officer charges while convicting Gomez of being a felon in possession of a firearm.

The case was back in court on Wednesday and prosecutors made a new plea deal offer that Gomez accepted. He agreed to plead no contest to the assault charge on the condition of receiving a sentence of 10 years and eight months in state prison, according to the district attorney's office.

Gomez will return to court on Dec. 18 for imposition of the sentence. His defense attorney Peter Arian was not immediately available to comment on the case.

By Bay City News Service / Image via Shutterstock