In separate case, prosecutors drop Measure 11 charge in armed shoplifting case
By Stephen Floyd, Ashland.news
An Ashland man has been sentenced to probation and jail time after pleading guilty to firing on a fellow motorist in the aftermath of a road rage incident in January.
Isaac Daniel Gilbert, 44, pleaded guilty Sept. 12 to a misdemeanor charge of unlawful use of a weapon and was sentenced Sept. 15 to 10 days in jail with credit for time served and three years of probation.
Prosecutors reduced the charge from a felony as part of the plea deal, and agreed to dismiss remaining charges of first-degree criminal mischief, reckless endangering, and menacing. Gilbert had been scheduled for trial Sept. 7 and faced up to five years in prison.
He was arrested Jan. 18 following an incident four days prior at the Albertsons on Ashland Street. The altercation between Gilbert and a Medford man began on I-5, then entered the Albertsons parking lot where Gilbert discharged a .22 pistol into the victim’s vehicle, causing more than $1,000 in damage. Gilbert acted in self-defense, according to a family member, who said Gilbert asked bystanders to call police.
No injuries were reported, though court records said others were present in the parking lot at the time, which police said was around 6 p.m.
While on probation, Gilbert may not possess firearms and must surrender the .22 in question to a family member.
Measure 11 charge dropped in armed shoplifting case
Prosecutors have dropped a charge of Measure 11 robbery in the case of an armed shoplifting in Ashland, with the defendant instead receiving three weeks in jail. Measure 11 is a 1994 ballot initiative that sets minimum mandatory sentences for serious crimes.
Zachary Charles Gutierrez, 28, of Ashland, pleaded guilty Monday to fourth-degree assault and unlawful possession of a firearm and was sentenced to 20 days in jail with credit for time served and 18 months of probation.
Remaining charges were dropped including first-degree robbery, which carried a mandatory minimum sentence of 70 months in prison.
Gutierrez was arrested Aug. 6 following an incident at Market of Choice, in Ashland, when he allegedly struggled with an employee after attempting to leave with unpaid merchandise. Arresting officers recovered a loaded firearm concealed in Gutierrez’ pocket.
While on probation, Gutierrez may not have any contact with Market of Choice or the employee involved in the fight. He also may not possess any weapons or firearms while on probation and had to forfeit the handgun in question.