Created: 12/03/2013 1:51 PM
By: Elizabeth Reed, KOB.com
A 64-year-old man shot by an Albuquerque police officer while confronting him with a pellet gun will appear in court on Tuesday afternoon.
Robert Garcia, Sr. is charged with aggravated assault on a peace officer.
On Nov. 15, officer Peter Romero pulled Garcia over for suspected DWI near Montgomery and Jefferson. Police said Garcia then got out of his vehicle and confronted the officer with a gun. That's when the officer shot him in the abdomen.
Garcia's weapon turned out to be a pellet gun. Police said Garcia told them he intended to be shot by police.
Acting Police Chief Allen Banks said Garcia even had a note in his wallet that said, "Thank you, officer."
Garcia is being held at the Metropolitan Detention Center infirmary on a $15,000 cash/surety bond.