A La Jolla man who pleaded guilty to discharging a firearm in a grossly negligent manner has been ordered to perform 10 days of public service work on condition of three years’ probation.
A suspended 180-day jail term was given to Alan Deller, 64, who won’t have to serve any jail time unless he violates probation terms. He was also ordered on August 6 to complete an outpatient alcohol treatment program.
No one was injured in the Oct. 18, 2013 incident, in which Deller fired two shots in his condominium, in the 3200 block of Via Marin. Both bullets went through his bedroom wall into a neighbor’s unit. One bullet lodged two feet above the bed of a neighbor’s daughter.
Deller claimed he did not fire the weapon deliberately and was checking the gun to see if the cartridges were jammed. Deller also claimed he began drinking alcohol only after the gun discharged and acknowledged he was drunk when police showed up. Court records reflect that when police arrested Deller, his blood/alcohol level was at .19, twice the legal limit.
“Alcohol is a major factor in this,” said Deputy District Attorney Melissa Vasel when she asked for certain alcohol conditions with the probation order.
Deller was elected president of the Woodlands South Homeowners Association on Dec. 10, 2013., two months after the incident. San Diego Superior Court Judge Timothy Walsh ordered Deller to pay $400 in restitution to the neighbor, Daeyong Sim.
Deller has never met the neighbors who occupy the condominium next door. Geller noted that Deller is banned from contacting the neighbors under conditions of $50,000 bond.
Walsh fined Deller $1,300 and gave him credit for serving nine days in jail after his arrest. Deller pleaded guilty June 11 to one count of negligently discharging a firearm. A second charge was dropped.