Man with knife who lunged at officer at Modesto Costco makes plea deal

A man who was shot by an off-duty correctional officer when he threatened people with a knife at the Modesto Costco store is expected to be sentenced to a year in jail after agreeing to a plea deal.

Gary Harlan Scott, 61, on Tuesday pleaded no contest to one count of assault with a deadly weapon for lunging at the officer several times with the knife before the officer, Kevin Machado, fired his gun, according to Deputy District Attorney Jeff Laugero, who prosecuted the case. The charge is considered a strike under the state’s “three-strikes” law, and it could increase a sentence if Scott is convicted of another felony.

Prosecutors agreed to drop a robbery charge and another count of assault with a deadly weapon against Scott in connection with the July 28 incident. Laugero said Scott is scheduled to return to court Thursday, when he is expected to be sentenced to the year in jail and three years of probation.

The probation requirements will be set at Thursday’s hearing. Scott on Wednesday remained in custody; he’s been held at the jail for the past five months.

Scott’s sister, Suzanne Perez, has told The Modesto Bee that her brother had been suffering from depression and memory loss as a result of a recent diagnosis of multiple sclerosis. She said he spent some time at Doctors Behavioral Health Center in Modesto, and he was released from the mental health facility the day of the shooting despite expressing suicidal thoughts.

The defendant refused to go with his sister to see a neurologist that day and instead got on a bus. Perez called police, but Scott was gone by the time they arrived.

The incident occurred about two hours later, shortly before 5 p.m., at the Pelandale Avenue warehouse store. Modesto police were called to the store, where Scott reportedly was inside, acting strangely, pacing and wielding a knife, according to a filed affidavit.

Costco employees evacuated the store and moved Scott out of the building by encircling the defendant with shopping carts and other objects. Machado approached Scott outside the store, pulled out a concealed pistol, identified himself and ordered Scott to drop the knife, according to the affidavit.

When Scott got within 5 to 8 feet of the officer, he fired. Scott was hit once and fell to the ground. A Costco employee kicked the knife away from Scott.

Machado has worked as a correctional officer at Deuel Vocational Institution in Tracy since December 2015, according to the California Department of Corrections and Rehabilitation. He was placed on paid administrative leave for three days as part of standard procedure and returned to work five days after the shooting.

This story was originally published February 1, 2017 at 10:45 AM with the headline "Man with knife who lunged at officer at Modesto Costco makes plea deal."