Man shot by deputy outside Del Mar concert arraigned in hospital

SAN DIEGO -- A man who was shot four times outside a concert at the Del Mar Fairgrounds pleaded not guilty Monday to felony weapons charges from his hospital bed.

Daniel Elizarraras, 22, is still recovering after being shot four times by a deputy on Sept. 2. He has not been physically able to appear in court for his arraignment, so Monday, the court came to his hospital room at Scripps Memorial Hospital in La Jolla.

“He can’t come to court, but court can come to the defendant,” San Diego Deputy District Attorney Michael Runyon said.“You have a judge, court reporter, you have a court clerk, as well as bailiffs present -- defense attorney and prosecutor present and you basically can do the arraignment there.”

Elizarraras faced the judge from his hospital bed and pleaded not guilty to felony assault with a weapon and negligent discharge of a firearm. He Is accused of firing a gun in the air at the fairgrounds entrance after ticket vendors and security guards told him the Ice Cube concert was sold out.

Three deputies were sent to quell the disturbance. Veteran deputy Tyler Eikermann fired the four shot that wounded him. Deputy Ellyn Bell and Sgt. Fred Duey did not discharge their weapons.

“It’s alleged that a deputy sheriff saw the defendant in this case raising a silver colored semi-automatic firearm and firing two rounds in the air in a large group of people over by one of the ticket booths,’ Runyon said.

The deputy shot a stun gun at Elizarraras, but it didn’t stop him, Runyon said. The deputy then pulled out his handgun, and when Elizarraras pointed his gun at the deputy, the deputy shot him, the prosecutor said.

The judge raised Elizarraras’ bail from $100,000 to $300,000. He faces up to 19 years in prison if he is convicted of both counts against him. His next court appearance is schedule for Oct. 9.