Man Shot by Police Charged with Assault, Burglary and Carjacking

Santa Clara County prosecutors filed charges Thursday against a man who was shot by police on Sunday after allegedly assaulting an East San Jose family and carjacking a second victim, prosecutors said.

Gulmaro Martinez, 28, has been charged with first degree burglary, three counts of assault with a deadly weapon, three counts of assault on a police officer and felony evading arrest, district attorney's office spokesman Sean Webby said.

Martinez, who is hospitalized, will be arraigned on the charges in Superior Court in San Jose at 1:30 p.m. Friday, Webby said.

Police Sgt. Heather Randol said that Martinez is believed to have forced his way into a home on Waterman Court just west of the San Jose Country Club around 2:30 a.m. Sunday.

Once in the home, Martinez, who was armed with a shotgun, allegedly assaulted two adults and a child who had been sleeping there, according to police.

The three family members were later transported to a hospital for treatment for multiple head lacerations, Randol said.

Then at around 3 a.m., Martinez, having left the Waterman Court house, went to an address nearby on Holly Drive in San Jose, still armed with the shotgun, and allegedly stole a vehicle from the owner by force, Randol said.

Patrol officers in the area located the stolen car Martinez was in and after a five-minute chase through the neighborhood, the suspect drove down Kotacke Court, a dead-end street off of North White Road, police said.

Officers used their patrol cars to block his exit, but Martinez allegedly drove and rammed a marked police car, injuring the officer inside, Randol said.

One of the officers then drew his service firearm at Martinez and shot him twice, Randol said.

The suspect put up a struggle while police attempted to arrest him and allegedly injured other officers, including one who was bitten, according to police.

Martinez, suffering from non-life threatening injuries, was transported to a hospital for treatment for his gunshot wounds, Randol said.

None of the officers were seriously hurt, police said.

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