United States of America v. David Gilbert Gomez

San Diego, California, criminal defense lawyer represented the Defendant charged with felony possession of a firearm.

Officers with the City of Imperial Police Department were conducting a routine traffic stop when they observed two men standing near an unoccupied vehicle. Upon seeing police presence, both men ran into a nearby residence. Inside the unoccupied vehicle, police observed a semiautomatic firearm with an extended magazine located on the front passenger’s seat. Police recovered the firearm, which was determined to be a 9mm Glock loaded with approximately 17 rounds of ammunition. A records search of the firearm’s serial number revealed it to be reported stolen out of Maricopa County, Arizona.

A further search of the unoccupied vehicle revealed a black bag with a lighter bearing the words “Choker” and “Shelltown.” At the time of the firearm seizure, there was an active “Be on the Lookout” (BOLO) for an individual named David Gomez a/k/a “Choker” with a documented affiliation to the San Diego-based “Shelltown” gang. Police positively identified Gomez from the BOLO as one of the individuals who fled into the residence.

The investigation was then taken over by federal investigators, including the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). A federal search warrant for Gomez’s DNA was obtained and while executing the warrant, David Gilbert Gomez, age 43, of Imperial, California, admitted to stealing the firearm from another person.

Twelve prior felony convictions prohibit Gomez from possessing a firearm. He was therefore charged with unlawful firearm possession, following investigation by ATF. In fact, Gomez had previously been federally convicted for unlawful firearm possession, among other crimes such as escape and possession with intent to distribute fentanyl.

While discussing Gomez’s criminal history at sentencing, Chief U.S. District Judge Cynthia Ann Bashant noted her sentence reflected a “worry about protection of the public” given Gomez’s continued criminal conduct.

The Defendant was found guilty and was sentenced to 87 months in prison.