SAN DIEGO — A man who opened fire in the Gaslamp Quarter and shot an off-duty San Diego Sheriff’s Deputy and a bystander learned his fate Wednesday. Ray Pitoau was convicted of two counts of assault with a firearm for the August 2017 shooting. On Wednesday, he was sentenced to 50 years to life with an additional 21 years given by the judge.
It took three trials but jurors eventually convicted Pitoau of the most serious charge he faced - assault with a firearm.
On Wednesday, Pitoau's lawyer tried to get him the lightest sentence, arguing that he did not go out looking to shoot anyone and did not target anyone.
In August 2017, off-duty sheriff’s deputy Jason Philpot was in the Gaslamp Quarter with family and friends after a Metallica concert when they passed Pitoau on the street. They said Pitoau, a convicted felon, pulled out a gun. Deputy Philpot said he saw Pitoau point the weapon at his brother so he ran toward the gunman. Also injured was bystander Vladimir Shvets, a passerby in San Diego for a convention.
Pitoau testified in court that he pulled the gun in self-defense and that it only fired because Deputy Philpot grabbed it.
Philpot testified that he tried to wrap his arms around Pitoau and get the gun away, but the defendant was able to pull the trigger, wounding the deputy in the chest and right arm. One of the rounds ricocheted off the sidewalk and struck Shvets.
After the shooting, Pitoau fled to Mexico where he was later arrested.
Deputy District Attorney Michael Reilly said Pitoau had demonstrated a history of re-offending each time he was released from prison and that "he knew better" than to bring a gun to the Gaslamp Quarter that day.
Defense attorney Jessica Marshall said evidence at trial showed the Philpots and other members of their group had been drinking and were being aggressive, with the attorney arguing Pitoau "is not the only reason this happened."
Jurors deadlocked on the assault counts in Pitoau's two previous trials, though one of those juries convicted Pitoau on three felony firearm possession counts.
In an earlier trial related to the incident, Pitoau was convicted of three felony firearm possession counts and sentenced to 27 years to life. The sentence he received Wednesday will be added to that time.
Pitoau's lawyer said she plans to appeal the latest sentence.