Man shot by police will have trial for allegedly discharging weapon

A Paradise Hills man was ordered Dec. 27 to stand trial on six felony counts involving him pointing a gun at police officers before he was shot by an officer.

Numerous San Diego Police officers testified in an all-day preliminary hearing for Martin Lee Girdner, 55, who is charged four counts of assault upon police officers and two counts of discharging a firearm in a grossly negligent manner.

Girdner showed up at the house where his ex-girlfriend, Rebecca Larson, had lived in the 2800 block of Altamont Court in Paradise Hills on Feb. 14.

David Sahagun, the brother of the ex-girlfriend, said he drove by the house after his nephew called him to say “Martin was going crazy.”

Sahagun said he drove by to see if his sister’s car was there, but learned she was safe and at another house. He said he drove by several times and then saw Girdner near the porch, holding “a rifle in a shooting stance.”

“I whipped the car around and I got out of there,” said Sahagun.

A SWAT team responded to 911 calls about someone discharging a gun. The Paradise Hills Elementary School was locked down and some neighbors were evacuated.

Officer Juan Ponce told San Diego Superior Court Judge Charles Rogers that he heard gunshots as he approached the house. He said he felt pressure near his face and thought a bullet whizzed by him.

“He was shooting at me,” said Ponce, who said he told Girdner numerous commands to surrender.

Numerous officers, who were part of a SWAT team, said Girdner didn’t obey any commands to drop his weapon and lay on the ground.

“I believed he was going to shoot the officers,” said Officer Richard Butera, who said he fired once into Girdner’s lower body.

“Did you fire any more shots?” asked Deputy District Attorney Mary Naoom.

“There was no need to,” replied Butera, adding that he saw Girdner fall to the ground, roll over, and that he couldn’t get back up.

Girdner was shot in the torso, and was taken to a hospital where he underwent surgery to remove a bullet.

Rogers ordered him to stand trial on all charges and Girdner will return to court on Jan. 13 to set a trial date.

Girdner has pleaded not guilty and remains in jail without bail.