Trial date set in Christmas Eve gun salute

A trial date was set Monday for a 39-year-old Oakland man accused of firing a gun into the air last Christmas Eve at Golden Gate National Cemetery in San Bruno to honor those who served in the military.

Maurito Alviar is accused of discharging the gun twice while standing at the base of a flagpole at the cemetery, located at 1300 Sneath Lane, shortly after noon on Christmas Eve last year. No one was injured in the incident.

Alviar is charged with recklessly discharging a firearm, felony possession of a stolen firearm and carrying a concealed weapon.

A scheduled pretrial conference was bypassed Monday and an Aug. 27 trial date was confirmed. Prosecutor Rebecca Baum said she expects defense attorney Harvey Mittler to request a continuance.

Alviar was arrested by police and later told authorities that he was “upset with how our military men and women are treated in this country,” according to prosecutors. He read aloud from a Bible, specifically chapter seven of Ezekiel, before unveiling the handgun and firing it twice into the air, prosecutors said.

He faces a maximum of three years and eight months in state prison, according to Deputy District Attorney Karen Guidotti.

Alviar is under a restraining order that prohibits him from possessing a weapon.

On Dec. 26, Alviar pleaded not guilty to all charges.

He currently is out of custody on $50,000 bail.

His attorney, Harvey Mittler, did not return calls for comment.

bfoley@examiner.com

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