2021 | Police & Fire

Gaithersburg man charged with trying to kill man in April shooting

Shooting happened at restaurant on East Diamond Avenue

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A Gaithersburg man has been charged with attempted murder in connection with a shooting at a restaurant in April that injured a man.

Jefferson Delgado, 28, of Clopper Road, was charged last week with trying to kill Franklin Ivan Soriano Guerrero on April 18 at Antojitos Restaurant on East Diamond Avenue, according to charging documents.

A Gaithersburg police officer wrote in charging documents that surveillance video shows Delgado with his friends in the restaurant in the early morning hours of that day. Around 1:22 a.m., Delgado’s friend went to his car and opened the rear passenger door, so that Delgado could get a shotgun, documents state.

Video then shows Delgado shoot at Guerrero in the parking lot at least twice before Delgado ran away, according to documents.

Guerrero was taken to a hospital for his injuries. Police did not indicate Guerrero’s age and hometown.

Charging documents do not state whether Delgado and Guerrero knew each other.

On July 23, the owners of Antojitos and an employee of the restaurant told a Montgomery County officer that the suspected shooter from April had come into the restaurant that day. Delgado later left Antojitos and was stopped by officers for suspicion of driving under the influence, according to documents. Officers identified him as the suspected shooter.

A warrant for Delgado’s arrest was issued on Aug. 10, and he was arrested on Sept. 1, according to court records.

He is charged with one count each of attempted first and second-degree murder, first and second-degree assault, firearm use in the commission of a felony, reckless endangerment, illegal possession of ammunition, discharging a gun in an urban area, discharging a weapon and disorderly conduct.

Delgado is due in court for a preliminary hearing on Sept. 24, according to court records.

Delgado will plead not guilty, his attorney, Jim Shalleck, wrote in an email to Bethesda Beat on Tuesday. Shalleck added that he plans to “vigorously defend this case at trial.”

Dan Schere can be reached at daniel.schere@bethesdamagazine.com