Charges have been reduced against an off-duty police officer accused of pulling a gun on two men during an argument in downtown Petaluma on New Year's Eve.
Michael Augustus, 44, was spared a potential prison sentence with the ruling from Sonoma County Superior Court Judge Dana Simonds, which followed a preliminary hearing in which Augustus testified.
Simonds converted two counts of felony assault with a firearm to misdemeanors and dismissed a third charge of making criminal threats, reducing the maximum sentence the former San Rafael police officer could receive to two years in county jail.
It was unclear if Augustus would try to settle the case or take it to trial, which is set for Oct. 21.
He was arrested Dec. 31, shortly after the incident at the Kabuki Restaurant and Sushi Bar on Petaluma Boulevard North.
Witnesses testified at the prelim that Augustus appeared drunk when he struck a male patron who was eating at a table and yelled an obscenity at him. When the man and his friend followed Augustus outside, he pulled a gun from his waistband and pointed it at them, according to testimony.
Augustus, who lived nearby, then ran from the scene but was arrested a few blocks away by Petaluma police who found him carrying a .45 caliber pistol.
A defense expert testified he mistook one of the men for an acquaintance. He drew his gun in self defense, the expert said.
Augustus, a 16-year police veteran, was fired in May after an internal investigation. At the time, his lawyer said he would try to get his job back.
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