A 33-year-old felon was convicted Tuesday of attempted murder on a police officer, who sustained a graze wound to the head in a gun battle with the defendant.
Carlos Michael Rodriguez of Santa ana was convicted of one count each of attempted murder on a peace officer, assault with a semiautomatic rifle and possession of a firearm by a felon and two counts of possession of drugs with the intent to sell. Jurors also found true sentencing enhancements for firing a gun.
Rodriguez is due back at the North Justice Center in Fullerton on April 26 for a pre-sentencing hearing.
Officers approached Rodriguez about 3:30 p.m. on Feb. 17, 2016, during a patrol of a gang-infested neighborhood in the 2700 block of West McFadden Avenue. Rodriguez, who had prison tattoos on his neck, was walking a bicycle, but when officers approached to question him, he dropped the bike and took off running, according to testimony at the defendant’s preliminary hearing.
When an officer caught up to the defendant, he saw Rodriguez pointing a gun at him, according to testimony. The officer ducked, was grazed in the head, and returned fire, hitting Rodriguez in the arm.
As Rodriguez was writhing on the ground, the officer was concerned the suspect may be reaching for his gun so the officer fired on Rodriguez a few more times, according to the preliminary hearing testimony.
Rodriguez has a 2008 conviction for assault with a semiautomatic rifle on a peace officer and resisting arrest, according to the Orange County District Attorney’s Office. In that case, he was a passenger in a car pulled over by police and ran off during the traffic stop, defense attorney Benjamin Russell said in court papers.
Rodriguez had a gun on him, but it was not loaded, Russell said. Rodriguez was sentenced to eight years in prison after reaching a plea bargain in the case, the attorney said.