The Fresno County Courthouse. Google Street View photo
A 32-year-old Texas man faces three felony charges and a misdemeanor after allegedly assaulting a 72-year-old Fresno Tower District homeowner and his daughter during a confrontation that ended when the homeowner shot the suspect.
The Fresno County District Attorney’s Office announced Tuesday, Oct. 13, that it filed charges against David Gonzalez III, of McAllen, Texas, in connection with the Oct. 9 incident.
At the time of the incident, Gonzalez was off-duty as an officer with Immigration and Customs Enforcement, which has been engaged in enforcement operations in the Central Valley since last week.
According to a news release from the district attorney’s office, Gonzalez was found sleeping on the front lawn of the homeowner’s residence during the early morning hours.
Fresno police believe Gonzalez was intoxicated at the time.
When the homeowner went outside to ask Gonzalez to leave, prosecutors allege Gonzalez attacked him, causing him to fall and sustain visible injuries.
What happened in the Tower District
Prosecutors allege Gonzalez also threw the homeowner into a neighbor’s parked vehicle, causing significant damage to the side of the car.
The homeowner’s daughter attempted to intervene and help her father but was also allegedly assaulted, causing her to fall to the ground.
According to the district attorney’s office, the homeowner feared for his safety and his daughter’s safety and fired one round from a legally possessed firearm, striking Gonzalez.
Fresno police arrested Gonzalez, who was transported by ambulance to a hospital for medical treatment.
As of the district attorney’s Oct. 13 announcement, Gonzalez remained hospitalized under police custody.
Charges filed in Fresno County Superior Court
The felony complaint filed in Fresno County Superior Court lists four criminal counts against Gonzalez:
Assault by means likely to produce great bodily injury: Felony, Penal Code Section 245(a)(4).
Elder or dependent adult abuse: Felony, Penal Code Section 368(b)(1).
Vandalism causing more than $400 in damage: Felony, Penal Code Section 594(b)(1).
Battery: Misdemeanor, Penal Code Section 242.
The vandalism charge involves damage to a Hyundai automobile belonging to Frederick Lisitsa, according to the criminal complaint.
Prosecutors said Gonzalez faces a maximum sentence of four years and eight months in custody if convicted of all charges and allegations.
The charges are allegations, and Gonzalez is presumed innocent unless proven guilty.
A booking photo of the suspect hasn’t been taken due to his hospitalization, according to a Fresno County Sheriff’s Office spokesperson.
Arraignment scheduled for Oct. 14
The district attorney’s office said Gonzalez was arrested by the Fresno Police Department on Oct. 9.
His scheduled bail amount is $52,000, based on the charges filed.
Gonzalez is scheduled to be arraigned Wednesday, Oct. 14, at 8:30 a.m. in Department 31 of Fresno County Superior Court.
The arraignment will be the next scheduled step in the criminal proceedings.