Crime & Safety
Preliminary Hearing Rescheduled for Man Wielding Unloaded Gun
Ashley Andaluz Viola will next appear in court Sept. 20, allowing his lawyer additional time to gather evidence for the case.
The preliminary hearing for a man accused of trying to fire an unloaded gun at a citizen in downtown San Mateo two weeks ago has been postponed until September.
Ashley Andaluz Viola, 23, is charged with one felony count of assault with a deadly weapon, and three misdemeanor charges of assault with a firearm, drawing a firearm in a threatening manner and carrying a loaded firearm.
The San Pablo resident appeared in a South San Francisco courtroom Wednesday afternoon, with several family members by his side, to waive his right to a preliminary hearing within 60 days of his arraignment.
Find out what's happening in San Mateowith free, real-time updates from Patch.
Viola first appeared in San Mateo County Superior Court June 24, when he pleaded not guilty to the charges filed against him.
Judge Richard Livermore approved the request by Viola's defense attorney, Eric Hove, to move the court date to Sept. 20 at 9 a.m.
Find out what's happening in San Mateowith free, real-time updates from Patch.
Hove said after the hearing that the postponement would give him more time to gather evidence about the case, but said he did not wish to comment further.
According to a report filed by San Mateo police, on June 22 a 57-year-old woman from San Mateo was walking on the sidewalk in the 100 block of East Third Avenue when a man bumped into her from behind, nearly knocking her down.
The man continued walking, and Viola witnessed the incident from his car as he was driving nearby.
He allegedly stopped his car and asked the woman if she was okay; after she told him she was fine, Viola parked his vehicle and walked toward the man who ran into the woman.
Police say he drew his .45 caliber semi-automatic handgun, pointed it at the man, and pulled the trigger several times. The gun did not fire as there were no rounds in the chamber. Nearby witnesses immediately called police.
Officers responded shortly after 3 p.m. and told Viola to drop his weapon, an order which he at first refused, according to the police report. He was then taken into custody once he complied.
Witnesses told Patch by the .
Viola has argued he was merely acting as a Good Samaritan, and is currently out of custody on a $50,000 bail bond, which he posted June 29.
According to police, Viola did not have a permit to carry a concealed weapon.
He is believed to be a military veteran and has no known criminal record in San Mateo County.
