WHITTIER — A Whittier man shot by a deputy pleaded not guilty today to charges he tried to take the officer’s gun, officials said.
Xavier Michael Fresquez, 21, was charged with a felony count of attempting to remove an officer’s weapon, a felony count of carrying a concealed weapon and a misdemeanor count of exhibiting a firearm, according to Sandi Gibbons, spokeswoman for the DA’s Office.
Fresquez was arraigned today at Whittier Superior Court. His next court hearing is Dec. 3.
He had been at St. Francis Medical Center in Lynwood after the Oct. 23 shooting and placed under guard. The sheriff’s booking records show he was taken this morning to the Inmate Reception Center in Los Angeles.
Hospital officials referred calls to the agency investigating the case, which is the Sheriff’s Department. Deputies didn’t know Fresquez’s current medical condition.
Sheriff’s officials said Fresquez was wounded in the upper torso, which to law enforcement refers to parts of the body above the waist. His relatives said he was shot in the head.
Fresquez and another man are suspected of brandishing a gun at three men on Norwalk Boulevard earlier that night, according to Lt. Pat Nelson. And while deputies haven’t recovered a weapon, Nelson said witnesses saw Fresquez with a gun.
Fresquez’s family disputed the department’s version of the shooting, which happened in their back yard in the 11300 block of Waddell Street.
Fresquez’s father, Eric, said in a previous interview that his son was shot in the back of the head while on his knees. He said Fresquez was coming home that night, saw the two deputies and ran thinking they had a warrant for him for a court appearance. He and his wife woke to their son calling him and asking to be let in the back door.
He said the deputy reached for his son’s shoulder and at the same time, the gun went off.
Two deputies from the sheriff’s Pico Rivera station looking for the two suspects who threatened the men on Norwalk Boulevard saw Fresquez allegedly hiding behind a car on a driveway on Waddell Street. He ran and one deputy chased him.
A department spokeswoman said Fresquez refused to comply with orders and during the struggle tried to take the deputy’s gun from his hand. The deputy shot once.