Mendocino County Prosecutor Not Under Arrest After Downtown Sacramento Shooting

SACRAMENTO (CBS13) — A Mendocino County prosecutor is on leave, but not under arrest, after he allegedly shot a man in downtown Sacramento.

An employee who didn't want to be identified says he stumbled on the aftermath of the shooting.

"I saw the victim laying on the ground, and he was holding his side," he said.

Sacramento Police now confirm they believe the person who shot a man on Wednesday in front of the Marriott Hotel was Mendocino County Deputy District Attorney Damon Gardner.

But he's not under arrest.

"There's claims of self-defense, so this is a self-defense case where we need to gather all these facts, because we don't want to make an error on either side," said Officer Doug Morse.

He says both men were drinking before an argument quickly turned physical, but they're still figuring out if the shooting was justified.

The department denies the suspect is getting special treatment because of his position.

"This investigation is being handled like any other shooting would have been handled," Morse said.

The Mendocino County DA's Office released a statement saying Gardner is on leave. They say he was in Sacramento with another prosecutor, who witnessed the shooting.