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Known Gang Member Fatally Shot By Officer Was Not Armed With a Gun, SJPD Says

A known gang member fatally shot by police late Friday in San Jose was not armed with a gun, San Jose Police Chief Eddie Garcia said Monday.

The deadly shooting incident occured shortly after undercover officers in unmarked cars pulled over Jacob Dominguez in East San Jose. Officers told Dominguez, who was wanted for armed robbery and had evaded police hours earlier, to put his hands up and stay that way, Garcia said.

"Dominguez disobeyed those orders and put his hands down out of sight and the officer believed he was reaching for a weapon, so he fired at least one time," Garcia said.

Dominguez, 33, died at the scene and Garcia said no gun was found in the vehicle.

Relatives of Dominguez said he was living in a Christian home, trying to turn his life around and was a great father to his three young kids.

"His babies want him home," said Rosie Chavez, Dominguez's aunt. "How do you tell three babies daddy's not coming home?"

Police paint a different picture. They say Dominguez was a known norteno gang member linked to a crime spree earlier this month, including a drive-by shooting that injured one person and armed robbery at an Arco gas station.

Police also said Dominguez had a violent past, including a conviction for first-degree robbery.

But many of the more than 100 people who gathered Saturday to mourn Dominguez said the man they knew was a good person. His family said because Dominguez was unarmed when he was shot, they plan to pursue legal action against police.

The officer who fired the shot that killed Dominguez is on paid administrative leave while the investigation continues.

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