OAKLAND -- A former private security guard was found guilty of attempted murder and second-degree robbery in a case where the victim fought the defendant before being shot in the stomach.
Daniel Alem, 28, shot at Natsagdor Gantumur eight times on Dec. 1, 2010 during a struggle that was sparked when Alem grabbed Gantumur's cell phone while Gantumur was texting and walking on Madison Street near Lake Merritt at about 11 p.m.
Gantumur, 27, chased after Alem not realizing the former security guard had a semi-automatic handgun. Once Gantumur caught Alem, Alem pulled out a handgun and he and Gantumur began to wrestle. During the fight, Alem began shooting at Gantumur, according to evidence presented during the weeklong trial.
One of the shots hit Gantumur in the stomach, but the victim did not realize it until after he secured the gun from Alem and found that Gantumur had shot all his bullets, according to testimony.
As Gantumur stood bleeding from the gunshot, Alem got his gun back and ran from the scene, according to evidence presented. During the struggle, Alem dropped the cellphone.
Residents in surrounding apartment buildings heard the shots and called police. Minutes later, police arrived and Gantumur gave a description of Alem which led to his arrest about 20 minutes later blocks away from the crime scene. At the time of his arrest, Alem was wearing an empty gun holster around his waist; he told police he had found it on
A day later, police found Alem's gun in bushes near Lake Chalet after homeless people notified a valet worker that they found a gun.
Meanwhile, Gantumur was taken to the hospital where he identified Alem.
Gantumur testified about the attempted robbery and told the jury that he was certain Alem was his attacker.
Alem, meanwhile, testified that he shot Gantumur in self-defense. Alem admitted during testimony that he hid the gun in the bushes and said he ran from the scene because he did not want to deal with the police.
The jury, however, didn't believe Alem and reached a verdict in about an hour.
Alem will be sentenced in August and faces up to life in prison.
"I'm satisfied the jury was able to see the truth of what happened and render a just verdict," said Deputy District Attorney Carrie Skolnick.