FRESNO, Calif. (KFSN) — The ICE agent accused of drunkenly attacking a 72-year-old Fresno man and his daughter made his first court appearance Wednesday, pleading not guilty to all charges.
The defendant, David Gonzalez, is charged with three felony counts, including assault likely to produce great bodily injury, elder abuse and vandalism, along with a misdemeanor battery charge.
The 32-year-old appeared in court bound to a wheelchair as he formally entered his plea.
Action News legal analyst Tony Capozzi said the case appears to be shaping up as a self-defense claim by the victims.
“I think the DA and the police look at this as a self-defense case in trying to protect themselves. So the question now is: Will the federal government do something to try to protect this agent?” Capozzi said.
Capozzi noted that because Gonzalez is charged with violations of California law, federal authorities cannot simply dismiss the case or issue a federal pardon.
The legal analyst also pointed to Gonzalez’s choice of representation. Rather than being represented by a federal prosecutor or Department of Justice attorney, Gonzalez is being defended by local attorney Brian Andritch.
“If they did, it gives the impression that he was working within the scope of his employment,” Capozzi said. “He makes that allegation, then the victims in this case have a great lawsuit to sue not only the agent but the federal government.”
According to Fresno police, Gonzalez was discovered sleeping in the front yard of a central Fresno home. Investigators allege that when the homeowner confronted him, Gonzalez appeared intoxicated and became violent, assaulting the 72-year-old man and allegedly slamming him into a neighbor’s parked vehicle.
“We weren’t sure what it was in the morning, but from what it looked like to us the altercation extended out to our car,” neighbor Frederick Lisitsa said.
Police say Gonzalez then allegedly attacked the victim’s daughter when she attempted to intervene.
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Investigators say the elderly victim, fearing for his life, armed himself and shot Gonzalez during the confrontation.
Gonzalez has worked as an ICE agent for less than a year. Prior to joining the federal agency in December, he worked as a deputy with the Hidalgo County Sheriff’s Office in Texas.
He joined the department as a detention officer in 2017 before becoming a deputy in 2022.
Gonzalez left the department for his federal immigration position in December of 2025.
In court Wednesday, attorney Brian Andritch indicated Gonzalez is expected to post bond, which has been set at $37,000. If released, he will be required to remain in California while the case proceeds.
Action News reached out to ICE regarding Gonzalez’s employment status and was referred to the Department of Homeland Security. A response had not been received as of Wednesday evening.
Gonzalez is scheduled to return to court next week.
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