SAN DIEGO (CNS) - An ex-convict who shot a man after they argued outside a Mountain View apartment must stand trial on charges of being a felon in possession of a firearm and ammunition, a judge ruled Friday.
Joseph Arthur Robinson, 26, was arrested following the 9:15 p.m. shooting on March 26.
Jesus Martinez testified at a preliminary hearing Friday that Robinson -- who is married to his sister -- was visiting Martinez's apartment on Franklin Avenue when he decided to have a cigarette downstairs with one of Martinez's neighbors.
Martinez said he was cooking dinner when he heard Robinson arguing with the neighbor, identified as Fabian Lamy.
The witness said he saw his brother-in-law -- who has a 2011 conviction for evading -- turn to walk away from Lamy when Lamy took a swing at Robinson.
Robinson yelled, "He stabbed me. He stabbed me," then reached down to his left side, Martinez testified.
Martinez said he heard a gunshot, saw a muzzle flash, then ran inside to call 911.
San Diego police Detective Cory Gilmore testified that Martinez told him Robinson drew a gun from his waistband and fired two shots.
The detective said Martinez told him that Robinson carried the gun sometimes because he had been jumped before.
Detective Gary Avalos testified that cellphone video of the incident showed Robinson with the gun on a balcony before the argument and shooting.
Police recovered a loaded .38-caliber handgun at the scene following the shooting, Avalos testified.
Deputy Public Defender Victoria Ramirez told Judge Michael Smyth that Robinson feared for his life and shot Lamy in self-defense.
"There was no alternative to avoid this danger," the defense attorney told the judge.
Smyth ruled that even though it may have saved his life, Robinson was carrying a firearm when he was prohibited by law from doing so.
A readiness conference was set for June 9 and trial for June 17.
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