A Mendocino County prosecutor who shot a pedestrian during a fight in Sacramento in October has been sentenced to 30 days in jail and placed on three years informal probation.
Damon Gardner, 39, was sentenced Wednesday by Sacramento Superior Court Judge Maryanne Gilliard after pleading guilty to a misdemeanor charge of carrying a concealed firearm. Gardner was a prosecutor 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 engaged in an argument with a pedestrian near the intersection of 15th and L streets. The argument escalated to a physical fight, during which Gardner punched the pedestrian in the face with a closed fist. The pedestrian and his 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 mid-section, while the friend repeatedly kicked Gardner’s head as though it were a “soccer ball”.
While lying on the ground, Gardner pulled his .38 caliber handgun from his back pocket and fired one shot at the pedestrian in self-defense, officials said.
The pedestrian suffered a non-life-threatening gunshot wound and received medical treatment. Gardner suffered nasal fractures as well as bruises to his eye, head and ribs.
Officials said Gardner had consumed alcoholic beverages at local restaurants and bars beginning at 5:30 p.m. and was under the influence at the time of the fight. Gardner’s actions violated the terms and conditions of his permit to carry a concealed weapons, which was issued from Mendocino County in November 2012.