Sacramento County District Attorney Jan Scully announced today that a Mendocino County prosecutor who shot a pedestrian during a fight in Sacramento in October has been arrested on misdemeanor counts of carrying a loaded firearm in public and carrying a concealed weapon.
Damon Gardner, 39, was on leave with the Mendocino County District Attorney’s Office at the time of the incident, according to a Sacramento County District Attorney’s Office news release.
About 12:24 a.m. Oct. 17, Gardner got in an argument with a pedestrian near 15th and L streets. The argument escalated into a physical fight, during which Gardner punched the pedestrian in the face with a closed fist, officials said.
The pedestrian and a friend retaliated, forcing Gardner to the ground in a fetal position. A witness reported seeing the pedestrian get on top of Gardner and punch him in the midsection, while his friend repeatedly kicked Gardner’s head like is was a “soccer ball,” according the news release.
Premium content for only $0.99
For the most comprehensive local coverage, subscribe today.
Gardner retrieved his .38 caliber handgun from his back pocket while lying on the ground and fired one shot at the pedestrian in self-defense, officials said.
The pedestrian suffered a non-life-threatening gunshot wound. Gardner suffered a fractured nose, as well as bruises to his eyes, head and ribs.
Gardner allegedly had consumed alcoholic beverages at local restaurants and bars beginning at 5:30 p.m. and was under the influence when the fight occurred. Those acts, according to the DA’s office, violated the terms and conditions of Gardner’s permit to carry a concealed weapon, which was issued from Mendocino County in November 2012.
Each count carries a possible penalty of up to one year in county jail and a fine of up to $1,000.