The Santa Clara County district attorney has cleared three San Jose police officers in the killing of David Tovar Jr., a suspect who was unarmed and running from officers when he was fatally shot.
The district attorney in a 63-page report released Thursday said there is not enough evidence to prosecute officers, adding the officers reasonably believed the suspect to be armed and intent on killing police.
The DA's decision has stirred up more emotions in the case, with Tovar's family continuing to maintain the January 2021 shooting was unjustified.
Tovar's family has filed a civil right lawsuit against the City of San Jose. Family members also have held a protest demanding justice.
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Police have said undercover officers were trying to arrest Tovar, who was considered a violent felon and a suspect in a Gilroy murder. Officers spotted him at a San Jose apartment complex and moved in. Police said when Tovar spotted them, he ran back into the complex.
One officer said he saw Tovar reach in his waistband, and knowing his propensity to carry a gun, the officer said he fired his rifle. Other officers thought it was a shootout between the policeman and Tovar, so they fired their rifles as well.
Tovar was hit six times. He had a cell phone and screwdriver, but no gun.
The San Jose Police Department provided the following statement on Thursday:
"We accept and acknowledge the District Attorney's report. As an agency, we continually evaluate and examine our tactics and procedures to ensure that we are always improving and providing the best police response to dangerous and critical incidents."
