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Shots Fired In Struggle For San Jose Police Officer's Gun

SAN JOSE (CBS SF) - A suspect suspected of stealing an officer's gun in San Jose Friday morning was hospitalized after an officer struck him with a car, police said.

The incident began at 10:37 a.m. in the 1100 block of Leigh Avenue when police received a call from a resident who said there were people acting suspiciously in the driveway of her apartment complex, police spokesman Sgt. Jason Dwyer said.

An officer responded at 10:54 a.m., and three minutes later made a call on the police radio asking for help, Dwyer said.

The officer, William McMullen, an 18-year veteran, was allegedly attacked by one of the suspects and a fight ensued over the officer's gun, according to Dwyer, who said the gun was fired, although it remains unclear who fired it.

Neither man was shot during the struggle, police said.

Jason Evans
Police say Jason Evans stole a San Jose Police officer's gun during an incident on the 1100 block of Leigh Avenue on October 7, 2011. (San Jose Police Department)

The suspect, Jason Evans, 27, allegedly struck McMullen several times and was able to get possession of the gun. He ran southbound on Leigh Avenue as two other police officers arrived at the scene, Dwyer said.

Police said Evans raised the stolen gun in the direction of the officers and the officers fired multiple rounds at Evans but he was not hit, Dwyer said.

Evans, still armed with the officer's gun, continued to run southbound toward an elementary school that was in session, according to police.

McMullen returned to his patrol car and drove to the intersection of Leigh Avenue and Stokes Street, where he struck Evans with his car, police said.

Evans was taken to Santa Clara Valley Medical Center for treatment. When he is released, police said he will be booked on suspicion of attempted murder and assault with a deadly weapon.

McMullen was also taken to a hospital and has been released.

The two other people who were reported to be acting suspiciously in the driveway are being treated as witnesses in the case and were not arrested, he said.

Jude Voltaire, a resident who lives nearby, said he was walking out of his door on his way to work when he was told by an officer "don't go outside because there's a shooting."

Another neighbor said she was in her bedroom when she heard shots fired, then heard people jumping fences nearby before someone yelled "Get on the ground!"

All three officers have been placed on routine paid administrative leave, police said.

(Copyright 2011 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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