Defendant in shooting case tries to withdraw plea
April 23, 2015
SOUTH LAKE TAHOE — The sentencing of a man accused of shooting at another man last year was delayed Monday morning at the El Dorado County Superior Court in South Lake Tahoe after he decided to try to withdraw his plea.
Angelo Fitzgerald Anderson was scheduled to be sentenced Monday after entering a plea for assault with a firearm with an enhancement for using a firearm in the commission of a felony. As previously entered, the plea would likely represent a five-year sentence.
Initial charges against Anderson stem from a Feb. 19, 2014 incident when he allegedly fired a 9-mm three times at former coworker Dennis McQuitty's pickup truck as McQuitty was driving away from the A & A Lake Tahoe Inn, where Anderson was living.
Judge Suzanne Kingsbury rescheduled the hearing for May 4, when she is set to determine if Anderson will be able to withdraw his plea. If there is no legal basis for the withdrawal, the court will proceed with sentencing as previously scheduled, Kingsbury said.
According to police statements made during a court hearing last year, one of the bullets hit McQuitty's truck, passed through the tailgate and bed and dented the cab.
Last year, El Dorado Superior Court Judge Kenneth Melikian ordered Anderson to face trial on felony charges of attempted murder, assault with a deadly weapon and shooting at an occupied vehicle.
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The defense argued then that Anderson intended only to shoot out the truck's tires and not to kill or harm McQuitty. Furthermore, Anderson had cause to fear McQuitty.
Prosecutors argued Anderson left his apartment to confront McQuitty, returned inside to get his firearm, then came back out and fired at McQuitty as he was driving out of the parking lot and down Fawn Way and as much as 50 yards away.
Anderson had avoided an attempted murder charge as well shooting at an occupied vehicle by entering his plea, but it is now unclear what charges he would face if his withdrawal is upheld and the case moves forward.
Anderson is currently in custody at the El Dorado County Jail awaiting his next hearing.
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