Countywide : Man Convicted of 3rd ‘Strike’ for Shooting

The first Orange County man charged under the state’s tough “three strikes” law was convicted Wednesday of shooting another man in the head with a flare gun during a barroom brawl.

As a result of the new law, Mario Veliz Rodriguez, who has a history of violent crimes, faces 25 years to life in prison for the March 20 incident at a Garden Grove bar. Rodriguez, 30, has prior convictions for second-degree robbery and assault with intent to commit murder, according to court records.

Rodriguez was drunk the night of the incident and had been kicked out of the bar twice before he returned with a flare gun and shot another customer, 23-year-old Donald Moore, in the side of the head. Moore was not critically injured.

Rodriguez was the first Orange County man charged under the emergency legislation signed by Gov. Pete Wilson on March 7. California voters overwhelmingly endorsed the same law when it appeared on the November ballot.

Hailed as a tough measure that cracks down on repeat offenders, the law mandates a sentence of 25 years to life for felony offenders who have two or more previous convictions for serious or violent felonies ranging from burglary to murder.

Critics, however, say the law is overly broad and will cost taxpayers millions in prison costs.

Orange County Superior Court jurors were not told of Rodriguez’s prior convictions or of the potential sentence. Jurors began deliberating Tuesday afternoon and reached a verdict Wednesday afternoon. A sentencing date has not yet been set.

Deputy Public Defender Leonard Gumlia declined to discuss the jury’s verdict. Gumlia had argued that his client was intoxicated and never intended to seriously harm the victim.

But prosecutor Mike Jacobs said he believes Rodriguez is an appropriate candidate for the new law.

“He certainly fits the profile,” Jacobs said. “The earlier (assault) case was very, very violent.”