Oct 25, 2011

Costumed reveler with fake gun shot by S.J. police

A drunken Halloween party-goer rousted by San Jose police on a hotel stairwell was shot by officers after he reached for a fake gun he had tucked into his surgeon's costume, authorities said.

Javier Gonzales-Guerrero, 25, of San Jose was shot by officers who confronted him at the Extended Stay Deluxe Hotel at 55 East Brokaw Road shortly before 8 a.m. Sunday, police said.

Officers found Gonzales-Guerrero either passed out or sleeping in a stairwell, said police Sgt. Jason Dwyer. They could see the butt of a gun in his waistband, Dwyer said.

They called out to him, and he awoke and reached for what turned out to be a gold-color fake firearm, police said.

Fearing he was going to shoot them, Sgt. Brian Johst and officers Mark Stephens, Gary Petrakovitz and Tim Stephens all fired at Gonzales-Guerrero, hitting him numerous times but not inflicting any life-threatening wounds, Dwyer said.

Investigators determined that Gonzales-Guerrero had attended a Halloween party dressed in medical scrubs.

The officers who shot their weapons have served between 13 and 20 years with the department.

The incident is the seventh San Jose officer-involved shooting this year, three of which have resulted in deaths. Police and the Santa Clara County district attorney are investigating the latest shooting.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/10/25/BAPJ1LM13V.DTL#ixzz1bpMdnBj2

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