SAN DIEGO — A man who was shot after a confrontation with San Diego police at Mission Bay Park last summer was sentenced Monday.
Lance Tamayo, 46, was sentenced to 180 days in jail and three years probation, along with community service. He pleaded guilty in April to a felony charge of exhibiting a firearm in the presence of a police officer in an attempt to avoid arrest.
Deputy District Attorney, Michael Runyon said the circumstances of the case lead to a more lenient sentence, “it is clear from 911 calls he communicates to the dispatcher that he is trying to kill himself.”
Tamayo — who was given credit for 132 days in custody — was immediately taken to jail to serve the remainder of his sentence.
Judge Timothy Walsh also imposed but suspended a four-year prison sentence, so long as Tamayo successfully completes three years on probation.
The defendant will also be required to do 200 hours of volunteer work, take part in drug and alcohol programs, and continue with mental health treatment. Said Deputy D.A Runyon, “but for an unusual combination of circumstances, this defendant was looking at much more serious charges and of course much more serious consequences.”
Tamayo called police from the 2800 block of North Mission Bay Drive shortly after 11 a.m. last Aug. 6 and told dispatchers that he was going to shoot himself, according to San Diego police Sgt. Manuel Del Toro.
Officers arrived to find Tamayo sitting in his car in a parking area near De Anza Cove. They called him on his cell phone and spoke with him for about 15 minutes before he agreed to surrender, Del Toro said.
Tamayo then got out of his car but returned and grabbed a loaded 9 mm pistol. He “pointed his gun recklessly at various people in the park,” at a police helicopter overhead and at the nearby officers, prompting Officer Michael Weaver to shoot the suspect in the stomach, the sergeant said.
An investigation determined that the ammunition Tamayo was trying to use would not fire from his gun, said Deputy District Attorney Michael Runyon.