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

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Toy gun found on a man shot by San Jose Police early Sunday at a hotel on E. Brokaw Road, October 23, 2011. (San Jose PD)

Toy gun found on a man shot by San Jose Police early Sunday at a hotel on E. Brokaw Road, October 23, 2011. (San Jose PD)

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KCBS's Matt Bigler started as a reporter/anchor in 2004, and is now...
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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 This material may not be published, broadcast, rewritten, or redistributed.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.)

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