A paintball shooter who was arrested in 2011 for threatening a neighbor’s wife and two children will not face charges because of an outdated state law, his lawyer said Wednesday.
In a motion filed Tuesday in San Diego County Superior Court, Mark Gaudreau said the gun used to shoot his ex-girlfriend’s husband was not licensed under state law.
Gaudreau, who is now a paintball instructor, was arrested for assault after allegedly pointing a paint ball gun at his ex’s face in July 2011.
The gun he was using at the time was not legal to own under California law, he argued.
His ex-wife, Sharon Gaudreas, was found with an injury on her neck and face that appeared to be from the paintball projectile.
A neighbor told police the gun was fired by Gaudrey’s ex-husband, Brian Kessels, who was on vacation in San Antonio.
Gudreau is also a painter.
Gadreau’s attorney, Robert Wieck, said Gaudres trial was thrown out in part because Gaudiras attorney said Gudreau didn’t use a paint gun during the shooting.
Gaudrekas attorney, David Gaudris, also argued that the gun had been illegally transferred from one person to another in the past and had been registered to a different person.
The judge has not set a date for Gaudis trial.
Gudres attorney, Mark Cieparello, said he was pleased that the judge had tossed out the case.
“This is a good result for Mark Gudreas and for the public, but it is also important for Mark to know that his legal rights have been fully vindicated,” he said in a statement.
Kessels wife, Tracey, said she and her children had not yet been able to get over the shooting and said the loss of their father will take a lot of pressure off of her.
She said they hope the court will recognize Gaud’s right to self-defense.
Kildare County Sheriff’s Deputy Ryan L. Smith was shot in the face while responding to a domestic dispute call in July 2012.
He died two days later at the hospital.
A warrant for Gudrekas arrest was issued and a California Highway Patrol trooper pulled up to the Kessel family home on the day of the shooting in San Jose.
Smith said he saw the ex-lover brandishing the gun and pointing it at his wife.
Smith said he did not know if Kessel had the license to own the gun.
Goudreau’s ex told the officer he was a former member of the Navy SEALs.
Smith told Kessel he was not a Navy SEAL.
He also told the trooper he had purchased the gun online.
Kessel told the deputy he did so to “take his anger out on other people.”
He said the next day he was charged with second-degree murder and sentenced to life in prison.
The court filing said Goudreau was convicted of second- and third-degree assault after a trial that lasted three days.