San Jose Police Shooting Lawsuit Settled for Nearly $5 Million

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Officials in San Jose agreed to settle a federal lawsuit for $4.95 million, filed by a man who was shot repeatedly when police mistook his toy gun for a real weapon.

The San Jose Mercury News reports that 27-year-old construction worker Javier Gonzales-Guerrero of San Jose will receive the proposed settlement, which is the largest amount to be paid by the city of San Jose involving police conduct.

Speaking to the Mercury News, city attorney Rick Doyle said that the $4.95 million is “a lot of money, but given the extent of the injuries, it’s something that the parties can live with.”

The incident occurred on October 23, 2011, when Gonzales-Guerrero was attending a Halloween party at the Extended Stay Deluxe Hotel on E. Brokaw Road, reports the Mercury News. Dressed in a surgeon costume, he had either passed out or was sleeping in a stairwell.

Guests of the hotel became concerned when they noticed the gold-colored revolver that was tucked into his waistband, and called the police.

Officers responding to the scene said that they noticed the butt of the gun. When they called out to the unconscious Gonzales-Guerrero, they said he moved his hand toward the weapon. Fearing he would shoot them, four officers fired on him.

Gonzales-Guerrero was shot more than 20 times. He survived the shooting, but endured numerous surgeries in order to “repair his ravaged body,” as stated in the lawsuit.

If you or a loved one has suffered a personal injury or been a victim of police misconduct, you may be entitled to compensation. San Diego personal injury attorney Melinda J. Helbock has successfully represented clients in many similar cases. Contact our office today to discuss the details of your case.

Please note: Melinda J. Helbock did not represent any parties involved in this case.