REDWOOD CITY (BCN) — A man shot by police on Thursday night when he allegedly exited a South San Francisco home with a gun in his hand after a fight with his sister’s boyfriend will make his first court appearance on assault and

weapons charges this afternoon, prosecutors said.

The San Mateo County District Attorney’s Office described Mario Garcia, 39, as “basically a ne’er do well” who is unemployed and lives on the couch in a house he shares with his mother, his sister, her boyfriend and their two young children in the 600 block of Hemlock Street.

On the night of the shooting, his sister’s boyfriend had arrived home from work at about 11 p.m. and found Garcia intoxicated. The two men got into a fight that led to Garcia putting the boyfriend into a headlock and choking him until he nearly passed out, prosecutors said.

Garcia went to the garage where he keeps a gun safe and his sister called 911. Her boyfriend walked out the front door and police found him outside with his shirt off and a head injury.

The officer told him to sit on the curb. Garcia’s sister walked out of the house with her 1-year-old baby in her arms and told the officer Garcia had a gun, prosecutors said.

Shortly after that, Garcia allegedly walked out of the house holding a 9mm handgun. The officer told him to drop it but Garcia pointed it at the officer and his sister’s boyfriend, so the officer shot Garcia in both arms, prosecutors said.

Garcia retreated back into the house and hid his gun back in his safe. A short time later he crawled out of the house and surrendered, telling the officer he planned to sue him, prosecutors said.

He was treated for the gunshot wounds and was later booked into jail. Prosecutors said he will be arraigned this afternoon on charges of assaulting a police officer with a firearm, assault likely to cause great bodily injury, brandishing a firearm while resisting arrest, resisting arrest through threats or violence, criminal threats and possession of an assault weapon.