An appeals court has upheld the misdemeanor conviction of a Bakersfield lawyer who fired a gunshot near a homeless man.
Attorney Vincent Andrew Gorski, 41, argued on appeal that his conviction was the result of prosecutorial misconduct and the use of inadmissable evidence.
The 5th District Court of Appeal in Fresno unanimously disagreed with him and upheld his conviction. Gorski’s attorney said he will take the case to the California Supreme Court.
His law license remains active but action by the State Bar is pending, according to the Bar’s website.
A jury convicted Gorski in December 2015 of exhibiting a firearm but acquitted him of resisting arrest and the more serious charge of recklessly discharging a firearm, a felony.
He was sentenced to 90 days of house arrest and required to attend anger management classes.
A homeless man told police he was standing outside Gorski’s office in the 300 block of Truxtun Avenue when he was confronted by Gorski, according to police reports.
The homeless man said Gorski cursed at him and fired a shot in the air, according to reports.
Police officers testified at trial that Gorski was uncooperative and attempted to leave while being questioned about the incident, according to reports.
At trial, Gorski testified the homeless man threatened him and his then-girlfriend, and he fired a warning shot in self defense. He testified he thought the homeless man had a gun.
That trial testimony was not consistent with his first description of the confrontation.
At trial, Gorski, “admitted to lying to police … confirming he lied to them about whether he had a gun and whether he fired a shot,” according to the appeals decision.
Gorski now is represented by attorney Phillip W. Gillet Jr. of Bakersfield.
“After reading the opinion, Mr. Gorski and I disagreed with the result and the court’s legal conclusions,” Gillet said in a statement. “Mr. Gorski continues fighting this case to the full extent of the law — just like he would for his own clients. I plan to file a petition for review with the California Supreme Court.”
The case is Peo. v. Vincent Andrew Gorski: http://www.courts.ca.gov/opinions/nonpub/F073263.PDF
The State Bar case is at: http://members.calbar.ca.gov/courtDocs/15-C-15280.pdf