A man who engaged in a shootout with a Harbor Police officer outside the San Diego Convention Center was sentenced Monday to 45 years to life in state prison.
Daniel Quiroz, 31, was convicted earlier this year of attempted murder and assault with a semi-automatic firearm counts for the March 1, 2021, shooting that unfolded near Fifth Avenue and Harbor Drive.
Prosecutors said Quiroz fired on San Diego Harbor Police Officer Cody Horn, missing him but striking a bystander. The bullet that struck the bystander was deflected by an eyeglasses case he was carrying in his back pocket, allowing him to escape serious injury.
Police said Horn saw Quiroz commit a traffic violation near 1st Avenue and Harbor Drive at about 7 p.m. and followed the suspect's vehicle, pulling it over near the intersection where the shootout occurred.
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Suspecting that Quiroz might be intoxicated, Horn asked him to step out of his car for a sobriety test, according to Lt. Andra Brown of the San Diego Police Department.
Quiroz did so, but then pulled a gun, prompting Horn to open fire, Brown said. During the subsequent shootout, the officer retreated and took cover behind his cruiser. A short time later, Quiroz came out with his hands up and was taken into custody.
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Quiroz's defense attorney, Patrick McCoy, asked San Diego Superior Court Judge Kenneth So to impose a 15-year-to-life sentence. McCoy asked the judge to consider the role mental health issues may have played in the offense and that no one was seriously injured in the shooting.
Deputy District Attorney Fred Washington asked So to impose the maximum sentence of 45 years to life, arguing that Quiroz "put the lives of not just the officer, but multiple civilians, in danger."
So could have dismissed certain gun enhancements against Quiroz, but told Quiroz he would impose them because "the evidence demonstrates that you are a danger to the public."
In March of this year, San Diego Harbor Police on Friday released video of the shootout outside the San Diego Convention Center. In the video release, Harbor police said, "When Mr. Quiroz stepped out of his car, he produced a handgun. Officer Horn backed away, yelled, 'Put that weapon down," and then discharged his service weapon. Mr. Quirzo fired his gun multiple times at Officer Horn."
In video shot by a security camera at the convention center, Horn can be seen backing away and going up a ramp while a pair of nearby pedestrians fled the scene. Horn then jumped over a fence and pointed at Quiroz with his weapon, then ran away from the vehicles and out of the camera frame. There is no audio accompanying this portion of Friday's police video release.
Also included in the video release was so-called body-cam footage and audio recorded by Horn after he exited his patrol car. What follows is dramatic video that starts off with a traditional exchange of information that escalates till it captures the moments of the gun battle.
After approaching Quiroz's car from the sidewalk on the passenger side, Horn asks Quiroz if he knows he ran a red light, and Quiroz replies that he did not. Horn then asks Quiroz where he was coming from, and Quiroz tells him he would like to go home, prompting Horn to ask him a second time. The reply is unintellgible; Horn then asks Quiroz if he has his driver's license on him and is told, "I don't."
At that point, Horn turns on a flashlight and shines it into Quiroz's car as Quiroz tells him he doesn't have his wallet.
Soon after, Horn asks Quiroz to turn off his car. After Quiroz complies, Horn tells him to get out of the vehicle, adding that he should be careful to watch for cars passing on Harbor Drive when he does so.
As Quiroz gets out and walks to the back of his car, his hands near his waist, Horn reacts quickly, his voice rising and yelling for Quiroz to "Put that gun down!" as he backs away quickly and draws his service weapon.
In a segment of the Harbor Police video that plays later in the release that has been magnified 230%, officials say that Quiroz can be seen pulling a handgun out of his waistband. it's not clear from the video exactly what the object is in Quiroz's hand.
Three seconds later, five shots are fired in rapid succession. It's not clear from the video who fired the shots, because Horn's weapon is out of the frame, as is Quiroz.
Horn can then be calling in, "Shots fired." He then heads back down the ramp and three more shots are fired. Again, it's not clear from the video who fired the shots.
The officer then vaults a fence between the ramp and sidewalk and takes cover behind his vehicle.
A series of approximately seven shots was then fired in rapid succession, then, after a short pause, five more gunshots ring out.
Horn then heads away from the scene, with his patrol car between him and Quiroz's vehicle. He again calls in, "Shots fired." He again vaults the fence, taking him up to the roadway next to the convention center. Fifty-four seconds have passed since Quiroz exited his car.
After a few moments, Horn ejects the cartridge on his weapon and reloads. Spotting Quiroz up on the roadway next to the convention center, near where the vehicles stopped, Horn yells to him: "Hey, get on the ground. Get on the ground."
Quiroz replies but it's not clear what he says.
"Get your hands up," Horn yells. "Get on your knees."
Later in the video — which text said followed nine minutes of Quiroz not following Horn's commands — Quiroz can be seen him lying prone as officers approach him to take him into custody. The video release also includes a still image of a handgun police said was found at the scene.
City News Service contributed to this report — Ed.
