SAN JOSE (KCBS) – A San Jose police officer, who was involved in a fatal shooting earlier this year, has been cleared by the Santa Clara County District Attorney’s Office.

The incident on January 20 involved 42-year-old Tri Le, who prosecutors said kidnapped his girlfriend’s daughter and was armed when he was confronted by police at his home.

KCBS’ Mike Colgan Reports:

“Officers saw at the top of the second floor the individual holding the child as a human shield,” said prosecutor Brian Welch. “They were almost the same height and he was holding a gun in one hand and a knife in the other.”

Welch said Officer Mauricio Jimenez was able to shoot and kill Le as he was being fired on. He said there is no question that the officer-involved shooting was justified.

“He was performing a lawful duty, in this case, trying to rescue a kidnapped victim,” Welch said. “And in the course of that rescue, he had to overcome resistance from Mr. Le and he had a reasonable belief that his life, the child’s life and other police officer’s lives were in danger and that gave him the legal justification to discharge his firearm and use deadly force.”

Officer Jimenez received a department commendation for his actions. He was the 10th recipient of the Medal of Honor, the San Jose Police Department’s highest award for bravery. The 14 officers from Jimenez’s SWAT unit that rescued the girl were also honored with the Medal of Valor.

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