The ice cream vendor was last listed in "fair" condition at Kaweah Delta Medical Center. Police say the man was surrounded by a crowd of children and adults when he was shot in the back.
Neighbors say the scene on West Connelly Street was chaotic Wednesday afternoon.
Jedediah Carter said, "I just walked outside and saw fire trucks pulling up and ambulance a bunch of police officers
Carter says he couldn't tell 62-year-old Felix Ramos was shot, but says he saw him struggling across the street. "He was holding his back as he was crawling and it was just insane."
Visalia Police say Ramos had just finished serving ice cream to a group of people when he was shot. Witnesses say they heard a popping noise and then the victim went down to the ground.
Sgt. Gary Williams said, "At this point in time we don't believe he was the intended target we're not sure if this was a stray round if someone was shooting at someone else in the area."
Neighbors on Connelly Street say Ramos was often see walking up and down the street selling ice cream to students and their parents.
Carter said, "Every day that guy he's always up here he always comes early for the kids to get out of school and everything and all this is just not necessary."
This is the second time a street vendor was assaulted in North Visalia in less than three months. In march, a man selling food on a bike was robbed and beaten by four teenagers on Northeast Fourth near Granite Streets. Police say the difference between the two crimes is that this latest victim may have just gotten caught in the crossfire.
Investigators say the shooter was likely on foot near the ice cream vendor. Police are asking anyone with information to call them immediately.