‘No Contest’ Plea in Assault of Police Officer

A 33-year-old man accused of pulling a handgun on a Gilroy police officer in 2007 pleaded ‘no contest’ on Monday to several felony counts.

Pete Valdez III, son of a former Gilroy city councilman bearing the same name, has been in custody since November 2007 and faces 12 years in prison, according to the Deputy District Attorney prosecuting in the case, Troy Bentson.

The charges were modified in the South County Superior Court in Morgan Hill today from attempted murder to “assault on a peace officer” with a handgun. A specific assault charge was also modified, and Judge Kenneth Shapero presided.

Valdez pleaded ‘no contest’ to three felony counts: assault on a peace officer with a handgun, resisting arrest and being a felon in possession of a handgun.

Both Valdez and his attorney, Stuart Kirchick, responded to numberous questions from the judge to affirm that they both understood the charges and the corresponding punishment. Valdez also told Judge Shapero that he had not used any substances in the past 24 hours that would have affected his decision to plea 'no contest.'

The court treats a 'no contest' plea the same was as a plea of 'guilty,' said Judge Shapero.

The court process has taken longer than usual, Bentson said, so that the court could determine Valdez’s mental state.

Sentencing for Valdez will be at on August 29 at 9 a.m. in department 110 of the South County Courthouse in Morgan Hill, 301 Diana Ave.