Man Shot By SSFPD Convicted Of Assault, Threats, Weapons Charges

SOUTH SAN FRANCISCO, CA — A man who was shot by South San Francisco police has been convicted of assaulting an officer, possessing an assault rifle and felony threats stemming from a fight with his sister's boyfriend in 2016, San Mateo County prosecutors said today.

South San Francisco police responded to a fight inside a residence in the 600 block of Hemlock Avenue at 10:10 p.m. on March 31, 2016.

Prosecutors say that 40-year-old Mario Garcia had put the victim in a headlock, choking the man until he "saw stars." After the victim broke free, Garcia threw a wooden statue and threatened to kill him.

Garcia went into the garage, where he kept a gun safe, and the victim ran out of the house with Garcia's sister, who was holding her 1-year-old child.

Police arrived on scene and Garcia came outside with a gun that he began to slowly raise. He was ordered to drop it, but did not comply, and Cpl. Ivan de la Cruz fired five shots -- striking Garcia twice. Garcia crawled back inside, hid the gun in his safe and surrendered, but after being transported to a hospital he made threats against officers as well as the victim.

A search of the scene revealed a total of nine guns in Garcia's safe, including an illegal assault rifle, officials said.

At the end of a 21-day jury trial, Garcia was convicted Monday of felony assault on an officer with a firearm, felony assault, felony assault with a deadly weapon, felony possession of an assault rifle and felony threats, but the jury found him not guilty of felony brandishing and threatening an officer.

Garcia faces up to 24 years in jail when he returns to court for sentencing on March 28. Meanwhile, he remains in custody on $500,000 bail.

Defense attorney Kevin Allen did not immediately respond to a request for comment on his client's case.

By Bay City News Service / Image via Shutterstock