Felon who shot deputy in Coachella convicted of assault on peace officer

INDIO, Calif. (KESQ) - A convicted felon who shot a Riverside County sheriff's deputy when the lawman attempted to arrest him at the end of a pursuit in Coachella was convicted today of firearm assault on a peace officer and other charges, though jurors were unable to reach a unanimous verdict on the most serious allegation.

An Indio jury deliberated two days before finding Gildardo Davila Jr., 35, guilty of the assault count, along with two counts of being a felon in possession of a gun and one count of possession of controlled substances, with sentence-enhancing gun and great bodily injury allegations.

However, the panel was unable to overcome an impasse on the charge of attempted murder of a peace officer, leading Superior Court Judge Ronald Toff to declare a mistrial on that count.  

Jurors acquitted Davila of a felony evading charge.   

It was unclear whether the District Attorney's Office intends to retry the attempted murder charge.

A sentencing hearing is tentatively scheduled for Jan. 6 at the Larson Justice Center. Davila is being held in lieu of $5 million bail at the Benoit Detention Center.

According to a sheriff's arrest warrant declaration, shortly before 8 p.m. on May 25, 2017, Deputy David Solis was in his patrol unit, passing the intersection of First and Harrison streets in Coachella, when he spotted a yellow Ford Mustang with paper plates commit an unspecified traffic violation.

Solis signaled the driver -- later identified as Davila -- to pull over, but he floored the sports car instead, triggering a chase, according to the affidavit.

"During the pursuit, the deputy witnessed the suspect throw a handgun from the vehicle,'' the document stated. "The deputy witnessed the driver of the vehicle commit numerous vehicle code violations and drive without due regard for the public."

Because of the escalating dangers to other drivers, a sheriff's sergeant directed Solis to end the pursuit, which he did, allowing the Mustang to drive out of sight. However, within a couple of minutes, Solis came upon the Mustang again, parked in the area of Calle Mendoza and Las Flores Avenue, according to court papers.   

When the deputy pulled near the Mustang, Davila allegedly fled from the vehicle on foot, carrying a duffel bag. Solis remained in his patrol unit and followed the fleeing man until he ran out of viable roadway in a field, at which point the deputy ran after the defendant, according to the prosecution.

"As the deputy closed the gap on Davila, the suspect turned toward the deputy,'' the declaration said. "At this point, the deputy positively identified Davila as a person he has had multiple past contacts with. Davila had a gun and began shooting in the deputy's direction, striking him multiple times."  

Solis was hit in the left hand, resulting in damage to his fingers. His protective vest prevented one bullet from the 9mm pistol from penetrating his stomach, but another round hit him just above the collar bone, court papers alleged.

The gunfire knocked Solis to the ground, giving Davila time to get away before other patrol units converged on the location, investigators said.   

The defendant allegedly ran to a familiar area, changed clothes and dumped some of his belongings, then headed to Mexico, according to prosecutors.   

Solis underwent surgery at a regional trauma center and ultimately recovered from his wounds, returning to duty weeks later.   

Investigators seized 200 grams of methamphetamine and 30 grams of heroin, along with an AR-15 rifle, among the items left behind by Davila, court papers alleged. The 9mm handgun was found in the field, near from where the shooting occurred.

Davila was tracked to Mexicali, Mexico, where Mexican state police took him into custody without incident a week later. He was immediately extradited to the U.S. and jailed in Riverside County.

He has documented prior convictions for auto theft and felony possession of controlled substances, for which he served time in prison.