Man Shot By San Jose Police Was Halloween Reveler With Fake Gun

SAN JOSE (KCBS) – A man shot by San Jose police officers over the weekend was armed with a fake gun, according to new details released by authorities.

Officers responded to reports of an armed man at the Extended Stay Hotel at 55 E. Brokaw Rd. at about 7:45 a.m. Sunday. Employees told police that the man was sleeping in a stairwell and armed with a gun.

Police arrived and found the man, identified as 25-year-old Javier Gonzales-Guerrero, dressed in medical scrubs and passed out drunk, according to investigators.  Gonzales-Guerrero had attended a Halloween party the night before, police said.

KCBS’ Matt Bigler Reports:

The 9-1-1 audio of the incident was released Monday.

“And was it like a handgun, like a small handgun?” a dispatcher asks.

“It’s like a handgun, yeah, it’s like a handgun,” a woman responds.

“Black?” asks the dispatcher.

“It’s like gold, the handle is gold,” said the woman.

Police said Gonzales-Guerrero initially failed to respond to officers who were trying to talk to him. Officers said he reached for a weapon in his waistband. He was shot multiple times and was taken to a hospital, where he remained Monday night with non-life-threatening injuries.

Police tapes also indicate officers saw a weapon.

“He has a gun in his waistband, visual, he’s breathing, lying down,” an officer radioed.

The officers, who were not injured in the incident, were placed on routine paid administrative leave.

It was the city’s seventh officer-involved shooting of 2011.

(© 2011 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Bay City News contributed to this report.)

More from Matt Bigler
  • tn

    “The Man with the Golden Gun.” That’s why the toy gun barrel tip should always be painted bright orange (like all toy guns are supposed to). Can’t really blame the police officer if he felt threatened by this inebriated party-goer.

    • lr

      It was painted orange, and the cops always feel threatened.

    • Reality Check

      You morons do know that gang members and other criminals have also painted their guns and muzzles orange and red to make the police think they are not real, right? That is why they do not take chances, would you?

  • lisa

    WOW. I hope the officers get more than a slap on the wrist, but something more serious.

  • Rocio

    Get your story straight “non-life-threatening injuries”… he got 18 shots thru out his body and he is fighting for his life at this moment, he is in surgery right now, a surgery that will take 3-6hrs & this is not counting all the others that he had on Sunday & Monday.
    They tried shooting before trying to take the gun from him while he was a sleep & at their reach??? really, you can’t really blame the police?? I’m family & this is upsetting. All the news & the police are just trying to sugar coat everything.

    • Dawg

      Hey Rocio you have my sympathy, many times I believe the police are justified in their actions. However, after reviewing the facts and that he was passed out drunk which the police were aware of, I believe they are guilty of at least assualt with a deadly weapon, if not attempted murder. Hopefully the DA will look into it and file charges if necessary.

    • lisa GUERRERO

      it was a total of 21

    • Vonnicht

      Rocio, where did you get the info on the 18 shots, and medical situation, etc. I am writing to California State Attorney Kamala Harris, about the situation here in San Jose, where no matter how outrageous the police shooting is, there are no consequences for the Gunmen in Blue. I would like to reference these facts. I would encourage other concerned citizens to take this issue to higher authorities. The only thing we know for sure, here in Santa Clara County, is that the DA’s office and the Grand Jury will do everything in their power to whitewash this. They ALWAYS do.

      • lisa GUERRERO

        he is my cousin and it was not 18 shots it was a total of 21…. stupid cops…

    • Katie Myers

      Email them

  • FP

    How many real guns are gold with a red cap. hmmmm. and shooting him mulitple times. geeez. What happen to the taser?

    • dump-the-reds

      ignorant moron.

    • Dawg

      Sorry bud, but I’m not a liberal and this time I believe the police were wrong. The guy was passed out drunk and the cops were aware of it. These moron cops are nothing more than trigger happy killers and should be brought to justice. Let a jury decide.

  • Steve Wynn

    For real? The SJ cops are trigger happy, not every one needs to be shot. As with all police actions, they will be found justified and the message will be again sent “shot first” and you are wrong just say “I was a scared”.

  • Dan Wisholek

    Is that dude’s blood on the handle?!? Damn.

  • Monster

    Don’t go to San Jose. The city is no longer safe, for many reasons.

  • sss

    SJ Cops need to quit shooting people

  • Dale Norbeck

    life is hard. its a LOT harder when you are STUPID. grabbing for a toy gun while being confronted by police is STUPID.

    • John Cheng

      Totally agree.

    • Dixie

      He wasn’t stupid, he was drunk. Jeeze! Not everybody is perfect like you.

  • homer

    Has anyone ever thought that a criminal might paint a gun to look like a toy gun?

  • Oscar

    A fine upstanding latino man passed out drunk…..I don’t believe it. The media is trying to portray are hard drinking mexicans as irresponsible.

    • bayarearesident

      White people pass out drunk too you know.

  • Justin Goble

    i think san jose cops are doing a great job , and they need to shoot more and ask questions later . the drunk guy is a moron

  • San Jose Agrees To $5M Settlement For Man Armed With Toy Gun Shot By Police « CBS San Francisco

    […] JOSE (KCBS)— The City of San Jose has agreed to pay nearly $5 million to a man who was shot more than a dozen times by police in 2011. Officers apparently mistook the man’s gold-colored toy gun for a […]

  • San Jose Agrees To $5M Settlement For Halloween Reveler With Toy Gun Shot … – CBS Local | ADT Testing Site

    […] JOSE (KCBS)— The City of San Jose has agreed to pay nearly $5 million to a man who was shot more than a dozen times by police in 2011. Officers apparently mistook the man’s gold-colored toy gun for a […]

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