A man holding a gun who was shot by an officer during a fight at a San Jose taqueria early Sunday morning didn't bring the weapon to the restaurant, but he also didn't drop it when officers ordered him to, police said Tuesday.
San Jose police Chief Anthony Mata said there was a struggle for the gun and that it was held by multiple people during the brawl inside the La Victoria Taqueria on San Carlos Street.
As the fight spilled onto a landing at the restaurant, the man holding the gun at the time was shot by one of the responding officers, Mata said.
"Officers gave repeated commands to drop the gun," Mata said. "However, the individual does not drop the gun and one officer shot more than one time, striking the individual."
The man who was shot by police suffered non-life threatening injuries, police said. He will not face any charges.
The person who initially brought the gun to the restaurant and pulled it out during the fight was arrested for being a felon in possession of a ghost gun, Mata said.
The officer who shot the man has four years of experience and has been placed on routine administrative leave, Mata said.
Mata said the officer had no way of knowing that the man police saw holding the gun on the landing wasn't the initial suspect, only that someone reported a man with a gun in the restaurant.
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An investigation into the police shooting is ongoing.
"The determination of whether this shooting was lawful and justified will come from the district attorney at a later date," Mata said.
Before the police shooting occurred, officers were investigating a homicide nearby at the intersection of South Fourth and San Carlos streets.
A man was found suffering from at least one gunshot wound, Mata said. He was pronounced dead at the scene.
The shooter reportedly fled on foot, Mata said.
Police said the homicide and police shooting appear to be unrelated.
