Police said Friday that a man killed on Halloween by San Jose police was carrying a replica handgun when he was shot.
Multiple witnesses reported a man carrying a gun just before 2:30 p.m. Thursday in the 2300 block of McKee Road in San Jose, according to a news release from the San Jose Police Department.
Officers found the suspect on the east sidewalk of N. Jackson Avenue and McKee Road with a gun in his hand.
The suspect refused orders from police to drop the gun, placed the gun in his waistband, crossed the street to the west sidewalk and walked toward Independence High School, police said.
Police fired when the suspect supposedly appeared to be drawing his gun, striking the man at least once, according to police.
Police determined the gun to be a replica Beretta handgun after the man was shot.
The man died at a local hospital of his injuries.
The officer who shot the man was placed on routine paid administrative leave.
The Santa Clara County District Attorney's Office and the San Jose Police Department's Homicide Unit are conducting a criminal investigation, police said.
The investigation will be monitored by the police department's
Internal Affairs unit, the City Attorney's Office and the Office of the Independent Police Auditor.
Police Chief Eddie Garcia will brief media on the investigation on Tuesday at the San Jose Police Department, 201 W. Mission St. in San Jose, Room 314.