SJ Police Shoot at Unarmed Suspect

San Jose police shoot at unarmed suspect, who wasn't injured.

By Lisa Fernandez
|  Monday, May 7, 2012  |  Updated 5:40 PM PDT
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SJ Police Shoot at Unarmed Suspect

Getty Images / Scott Olson

A San Jose police officer shot at a 49-year-old man on Cinco de Mayo, who reportedly made "threatening gestures with his hands," but was not armed, according to a police statement released on Monday.

Sergio Angel Arruda, who also goes by Sergio A. Gonzalez, was not injured when he was shot at Sunday, according to police. That's because Officer Stanley Gaspar missed his shot.

When police finally caught up to him, Arruda was arrested  on charges of felony evading and resisting arrest.

Arruda has no felony charges listed in Santa Clara County, though he was arrested for three misdemeanors, according to court records. One of those cases include a felony firearms arrest, which was was later reduced to a misdemeanor in 2010, records show. Gang conditions were imposed as a result of that misdemeanor as a condition of probation, records show.

In 2007, he was arrested on a charge of being drunk in public, and two years ago, he was arrested on a marijuana charge, but that was later dismissed, records show.

Gaspar is an 11-year veteran on the force and was part of the motorcycle unit Sunday that helped put Arruda into custody.

Police working on the Cinco de Mayo detail responded to a report at 8:37 p.m.at S. King and Story roads where someone in a Ford SUV  had been flashing a weapon minutes before in a shopping center at that same intersection, police said.

When officers spotted the vehicle and tried to stop it, police said the Ford SUV fled onto northbound Interstate Highway 680.

Shortly afterward, police saw the Ford near McKee Road and N. Jackson Avenue, where two people were seen running out of the car. The Ford continued into the residential neighborhood of Ashglen and Ridgeglen ways, where the remaining two occupants of the Ford ran away, too.

Police found Arruda. And Officer Gaspar fired his gun at him, after he made "threatening gestures with his hands and refused to comply with" Gaspar's instructions to surrender, the statement read.

Arruda was arrested, and the other three suspects remain at large.

Police said they are not releasing any more details at this time.

Anyone with information about this case, or the identity and whereabouts of the suspects, is urged to call the San Jose Police Department at (408) 277-8900.

Contact Lisa Fernandez at 408-432-4758 or lisa.fernandez@nbcuni.com. Follow her at Twitter.com/ljfernandez.

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