BB Gun Brandishing Suspect Due in Court July 11

, the 32-year-old who was shot in the leg by a Santa Clara County Sheriff's deputy after wielding a BB gun during a 2011 Cupertino foot pursuit, is due in court July 11, according to the attorney prosecuting the case for the Santa Clara District Attorney's Office.

The attorney asked to remain anonymous at this time. 

Quinnette, who is being charged with felony resisting, possession of a stolen vehicle and brandishing a replica firearm, was set to enter a plea yesterday but that was delayed because new documents were recently submitted by Quinnette's defense attorney. More time is needed to review the documents, the prosecutor said.

July 11's court date will determine if the case goes to a preliminary hearing or whether Quinnette will take a plea deal.

"It's on that date that Quinnette will either change his position or take responsibility for his actions," the prosecutor said.

Quinnette after deputy John Gonzalez noticed him acting suspiciously around a vehicle while Gonzalez was engaging with another person unrelated to Quinnette.

Quinnette proceeded to walk away while Gonzalez called in the license plate on the vehicle and learned that it was reported stolen.

Gonzalez proceeded to search for Quinnette, finding him a block away. A foot pursuit ensued. After about 200- to 300-feet, Quinnette stopped, turned around and reached into his belt area, pulling out what appeared to be a handgun and pointing it at Gonzalez.

It was later determined that the gun was a BB gun, though Gonzalez could not determine that at the time and shot Quinnette to protect himself.

Gonzalez fired one shot, hitting Quinnette in the thigh. Quinnette received first aid treatment and was transported to Santa Clara Valley Medical Center, where he was treated and released to deputies before being taken to County jail.

He remains in custody at the jail.

Patch will continue to follow this story and provide updates if and when information becomes available.