Sentencing postponed for man who pointed gun at police - CBS News 8 - San Diego, CA News Station - KFMB Channel 8

Sentencing postponed for man who pointed gun at police

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SAN DIEGO (CNS) - Sentencing was postponed Tuesday to Feb. 11 for a Navy non-commissioned officer who was shot by a San Diego policeman after raising a military assault rifle in his direction.

Petty Officer 2nd Class Esteban Nandin, 25, pleaded guilty last July to a felony charge of brandishing a firearm in the presence of a peace officer. He withdrew his plea of not guilty by reason of insanity in order to plead guilty.

Nandin faces a maximum of three years in prison.

San Diego police officers were called to a six-story residential unit, above commercial space and just south of Horton Plaza shortly before 3 a.m. on Oct. 14, 2012.

Someone inside 606 Third Ave. told a 911 dispatcher that a man wearing a tactical vest and carrying a military-style assault-type weapon was in a first-floor corridor, according to police.

Officers entered the building's lobby and spotted a man -- later identified as Nandin -- with a gun. He saw the officers and began to raise the barrel of the weapon toward them. The officer closest to Nandin -- an 18-year veteran of the department -- responded by firing two rounds from his duty weapon.

Nandin retreated into the stairwell and a SWAT team was called. About 50 minutes later, Nandin -- bleeding from his chest and arm -- emerged from the building unarmed and was taken into custody.

A loaded military-style assault rifle, gas mask, handgun and a body armor vest were found in the stairwell, police said.

Investigators determined the rifle was not loaded, said Deputy District Attorney Robert Eacret.

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