A Pacific Beach man who pointed a gun at his ex-girlfriend in her La Jolla home was sentenced Tuesday to three years in state prison.
Michael Anthony Davee, 52, pleaded guilty in April to assault with a deadly weapon in the Sept. 22, 2016 incident.
Davee climbed up a tree to the woman’s second-floor unit and went over the railing to approach the woman who lived on La Jolla Boulevard.
The woman was frightened and testified Davee also pointed the weapon at himself while he was talking to her. She ran out with her dog and phone, called 911, and escaped. She was shaken, but not hurt.
San Diego Superior Court Judge Michael Groch gave him credit for spending the last eight months in jail. No restitution was ordered.
Deputy District Attorney Samira Seidu asked for six years while his attorney requested probation. A protective order is in effect which forbids him from contacting the woman while he is in prison.
The maximum sentence was nine years in prison. Groch had indicated he was thinking of a sentence ranging from probation to three years in prison.
The woman testified at a Nov. 30 preliminary hearing that after Davee got onto her deck of her unit he first asked why she wouldn’t go out to lunch with him.
The woman testified he pointed the gun at her from 2-3 feet away. She quoted him as saying “he was going to hurt me or himself.”
When police arrived, Davee was gone, so they went to his home in the 1700 block of Law Street in Pacific Beach. Davee was there, but he escaped after a police dog mistakenly bit a gardener working outside and medical treatment was summoned for him.
Officers checked Davee’s boat, but he wasn’t there either. They later found him at the Dana Hotel on Mission Bay Drive and he was arrested at 7:49 p.m. He was also intoxicated at the time.