San Jose police shoot man allegedly waving gun in neighborhood

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By Yosi Yahoudai
Founder and Managing Partner

SAN JOSE, Calif. – San Jose police shot a man after neighbors called 911 on Sunday afternoon to report that a man was firing a gun in their neighborhood – the third officer-involved shooting this year. 

As of Sunday evening, police said the man had life-threatening injuries. 

As of Monday morning, there was still an active investigation going on about where the shooting occurred, including crime scene tape blocking off entry to part of a nearby shopping center. 

Not many other details were released, but police did say they were called out about 4:10 p.m. to the 2700 block of Kollmar Drive investigating after receiving calls about a man actively firing a gun. 

Police said when they arrived, the man continued to fire his gun, prompting them to shoot, seriously injuring him. 

After the shooting, police took the man to the hospital and recovered a gun from the scene.

A neighbor shared cell phone video from his window showing several uniformed officers approaching a silver minivan with their guns raised. 

The van was parked in an alleyway behind some apartments near a Dumpster. It did not appear that anyone was in the van at the time, and it’s unclear how the van is connected to the suspect. 

Neighbors said the scene was chaotic. 

“I probably counted about 15 cop cars,” said Dante Avila, who lives nearby.  “I got off on Capitol, was waiting on the light at Story Road and saw cop after cop.” 

He added: “We’re constantly taking walks, so it’s a little alarming that that happened here.” 

Police say they don’t know what prompted the shooting.

“When officers arrived on the scene, the suspect was still actively discharging a firearm, prompting an officer-involved shooting,” said Sgt. Jorge Garibay.

Witnesses also say a silver van may have been involved in the shooting incident. 

Sgt. Jorge Garibey said after officers shot the suspect, the person was given medical aid at the scene by emergency responders.   

“We can tell you that no officers were struck by gunfire at that time. The suspect was hit by officer gunfire and was transported to a local hospital with life-threatening injuries,” Garibay said.  

Police didn’t provide any other information about the suspect and said they’d need time to process any witness or video information. 

San Jose police were involved in another shootout earlier this month at an Extended Stay hotel. 

Two officers and a suspect were wounded on May 3, when the 33-year-old Kevin Briones reached into a duffle bag, pulled out a stolen handgun and began firing at officers, police said. 

Briones fled while continuing to shoot at the officers. At least one officer returned fire, striking him. Both officers were hit by the Briones’ gunfire.

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About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.