A man was sentenced to 27 years to life in prison Tuesday in connection to the shooting of an off-duty San Diego sheriff’s deputy, according to City News Service.
Ray Koloset Pitoau, 38, was convicted in July of three felony firearm counts, but jurors were deadlocked on his other three counts of assault with a firearm, said Kelly Wheeler with CNS.
A second trial was granted in October to carry out a verdict on the outstanding charges but ended in another mistrial.
Before sentencing Pitoau for his current convictions, Superior Court Judge Melinda Lasater said a third trial was necessary due to new information. This included the arrest of Emory Zinga who was with Pitoau on the night of the shooting, according to Wheeler.
If Pitoau is convicted of the assault charges, he could face an additional 105 years to life in prison, CNS said.
On Aug. 7, Deputy Jason Philpot, an 11-year veteran of the department, was shot three times near Island and Sixth Avenues downtown at 1:17 a.m.
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Pitoau reportedly pulled out a gun as Philpot and his family and friends walked by, pointing it at the deputy’s younger brother.
Philpot then charged the Pitoau, Wheeler said.
“He said ‘Help, he’s going to shoot me’ and the way he was grabbing my arm and the fear in his voice, I knew it wasn’t a joke,” Philpot testified at a pre-trial hearing.
Philpot said he tried to wrap his arms around Pitoau and get the gun away, but the defendant was able to pull the trigger, wounding the deputy in the upper chest and right arm, according to CNS.
"I fell down, and I remember trying to grab him and take him to the ground as well," Philpot said. "I know that he fell to the ground somehow. We both scrambled to our feet. Knowing that I got shot in the chest, I thought that I was going to die."
Pitoau was convicted of robbery in 2003 and residential burglary in the 1990s. He has been to prison four times, according to CNS.
“He has an issue with being violent,” Lasater said.
Pitoau fled to Mexico after the shooting and was arrested at a home near Tijuana a month later.
At this time, it is unclear when the third trial will take place.
