
SAN JOSE >> Police shot and killed a man who had shot another person — and could have harmed many others in a crowded restaurant — late Sunday, authorities said.
At a Monday news conference, San Jose Acting police Chief Paul Joseph said the police shooting followed a “terrifying” incident “initially thought to be an active shooter incident with potential for mass casualties.” It began, Joseph said, as the suspect fired his gun at the ceiling in a crowded restaurant before proceeding out to the parking lot, where he shot into the air and critically wounded an adult man.
The victim, who is in critical but stable condition, was shot “seemingly at random,” Joseph said. He was taken to a hospital with life-threatening injuries before police arrived, he added.
The suspect was identified as 50-year-old Roberto Rivera. Police were still working to figure out a possible motive for his actions, but they said they learned from witness interviews that he was estranged from his family, was drinking heavily and had expressed suicidal thoughts, Joseph said.
Officers were called to the 4200 block of Senter Road around 9:25 p.m. on Sunday, according to a statement posted by San Jose police on social media. Callers reported that one person was shot and that the person who shot him might still be a danger to others, police said.
When police arrived, officers found Rivera holding a stolen .45 caliber semi-automatic handgun above his head.
Officers “attempted to deescalate the situation,” Joseph said, commanding Rivera to drop his weapon, but he did not comply. Rivera then aimed his weapon at officers, leading four officers to discharge their weapons and hit him multiple times, Joseph added.
Rivera was taken into custody at 9:37 p.m. and administered medical aid. He was transported to a local hospital with life-threatening injuries, where he later died, Joseph said.
The four officers involved in the incident had between three and seven years of experience, he added. The officers all turned on their body cameras and were all trained for crisis intervention.
“I want to thank all of our officers who bravely responded to the shooting last night and prevented what could have ended with extensive loss of life to the many innocent people who lived through last night’s attack,” Joseph said.
The incident is being investigated by the Homicide Unit and the Santa Clara County District Attorney’s Office, Joseph said. It will be monitored by the SJPD’s Internal Affairs Unit, the City Attorney’s Office and the independent police auditor.
The shooting marks the fourth officer-involved shooting for the San Jose Police Department this year. It is the first that resulted in a fatality.
“Proliferation of firearms in our community, and the gun violence that comes with easy accessibility of guns, is a crisis both here in San Jose and around the nation,” Joseph said. “Individuals wielding guns with no regard to life are terrorizing our neighborhoods and destroying lives.”
San Jose Mayor Matt Mahan added at the news conference: “I believe the reason that this was not a much worse tragedy than it already is, is because our officers responded quickly and courageously and did what they needed to do to ensure the safety of others who were there.”


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