DEL MAR (NEWS 8) - The 22-year-old man who was shot by sheriff's deputies near the ticket window of the Del Mar Thoroughbred Club was arraigned at his hospital bed at Scripps Memorial Hospital in La Jolla on Monday.
He pleaded not guilty to felony charges.
Daniel Elizarraras was arraigned in his hospital room at Scripps Memorial Hospital in La Jolla on charges including assaulting a peace officer with a semiautomatic firearm. Deputy District Attorney Michael Runyon argued that the defendant was a danger to the public, and Judge Michael Groch increased the young man's bail from $100,000 to $300,000.
Witnesses said Elizarraras fired his weapon at the Stretch Run ticket window about 6:40 p.m. on Sept. 2
The Sheriff's Department said Deputy Tyler Eikermann first tried to use a taser on Elizarras, but it was ineffective. Eleven-year veteran Eikermann fired four rounds, striking Elizarraras with all four shots.
No deputies or civilians were hurt.
His attorney said his client does not have a criminal history and argued should remain at the normal level, but the judge set bail at $300,000 after hearing from prosecutors.
Elizarras' defense attorney in a statement to News 8 via email said:
"Unfortunately, given the climate in our country regarding gun violence, the authorities have decided to categorize this incident as an assault on our brave peace officers. The entire incident was caught on camera and anyone who has seen the videos can clearly see that my client did not have the intent to hurt anyone, especially the officers present at the scene. Mr. Elizarraras is slowly recovering from his injuries and we look forward to having our day in court."
Elizarraras faces up to 19 years in prison if convicted. A preliminary hearing was scheduled for next month.
Doctors said he is expected to recover.
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