Mistrial Declared In New Year's Day Gunfire Case On Peninsula

SAN MATEO COUNTY, CA – A man accused of assaulting a cop in an incident in which he fired multiple gunshots was convicted Tuesday of being a felon in possession of a gun, but was acquitted on charges of attempted murder and assaulting an officer, according to San Mateo County prosecutors.

Ivan Dejesus Gomez, 26, was allegedly firing shots into the air when police responded to First Lane in South San Francisco around 3 a.m. on New Year's Day in 2015, according to the district attorney's office.

They couldn't find him at first, as Gomez was hiding in the shadows in the 600 block of the roadway. But they found his car, and while running his plates an officer observed Gomez watching through the windows of
a parked vehicle, prosecutors said.

When an officer ordered Gomez to put his hands up, he allegedly drew a weapon and advanced toward police, firing one shot at an officer who retreated to their patrol vehicle and returned fire before Gomez fled the
scene.

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His attorney said Gomez had fired his weapon, but not at the police, according to District Attorney Steve Wagstaffe.

"The defense attorney argued that the officers mistook what the defendant was doing," Wagstaffe said. "He was firing the gun up into the air, not at the officer."

Gomez went to trial on felony charges of being a felon in possession of a firearm, attempted murder and felony assault on a police officer, but the jury deadlocked on the second and third charges, prompting the judge to declare a mistrial.

Gomez faces up to three years in state prison for being a prohibited person in possession of a gun. He returns to court for sentencing on May 10.

It's not yet clear whether prosecutors will seek another trial on the attempted murder and assaulting an officer charges, according to Wagstaffe.

Defense attorney Peter Arian declined to comment on his client's behalf.

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