SAN JOSE (CBS SF) — A man has been convicted of stabbing San Francisco 49ers player Aldon Smith in the leg during a party at Smith’s home outside San Jose on 2012, according to the Santa Clara County District Attorney’s Office.
Steven Raymond Barba, 28, initially pleaded not guilty on April 30 to assault with a deadly weapon with a gang enhancement and two counts of being a convicted felon in possession of a firearm, Deputy District Attorney Charles Gillingham said.
But last week, the reputed street gang member, in an agreement with prosecutors, changed his plea to no contest to single counts of assault with a deadly weapon and being a felon with a firearm, according to Gillingham.
Barba was convicted last week in Superior Court in San Jose to felony charges of assault with a deadly weapon and being a felon in possession of a firearm, Gillingham said.
Judge Hector Ramon is expected to sentence Barba to three years in state prison on July 14, Gillingham said.
Smith and his then-roommate, former 49ers tight end Delanie Walker, co-hosted a party on the evening of June 29, 2012 and the morning of June 30, 2012, at a rented luxury home outside of East San Jose, prosecutors said.
Late into the party, attended by hundreds of people who had become unruly, Smith, after learning that a person had brandished a firearm at a bartender, went to his garage and ordered the people outside to leave.
Someone then fired three shots into the garage and missed Smith and others. Smith would tell investigators that he went to retrieve a firearm, came back to the garage and a person uttered a “gang slur” at him.
Smith said he then told the people outside, “This is my house. I’m Aldon Smith.”
Someone then came forward and stabbed his leg twice, but did not seriously hurt Smith, Gillingham said.
Smith reacted by kicking the person who stabbed him and then noticed his leg was bleeding from the superficial wounds when he reentered his garage, prosecutors said.
Walker then took out a .45 caliber handgun, went out onto the driveway and shot the gun into the air to cause whoever fired into the garage to flee.
But more gunshots from an unknown shooter were fired in return, wounding two party guests, who later filed lawsuits against Smith and Walker.
Smith, in a meeting with sheriff’s deputies, pointed out Barba as the person who stabbed him after viewing surveillance video of the attack, prosecutors said.
Barba was charged as a felon possessing a firearm and ammunition on Dec. 10, 2012 and was charged with the stabbing and gang enhancement in June 2013.
During the investigation into the incidents at the party, sheriff’s deputies would find inside Smith’s home three assault rifles that would later lead to felony gun charges filed against him.
On May 21, Smith pled no contest to the three felonies as well as two unrelated misdemeanor DUI allegations. Smith is scheduled to be sentenced by a judge in San Jose on July 25.
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