The attorney representing the family of a 20-year-old who was shot by San Jose police Sunday said they want to set the record straight.
The shooting victim is K’aun Green; his attorney wants people to know who he is.
“It was only today the family was allowed to see their son,” said attorney Adonte Pointer. “This is not how you treat someone who was a hero. He was a high school football star here in the Bay Area ... McClymonds. He was a quarterback. Now this has put all of that in jeopardy.”
Green was shot by San Jose police early Sunday morning after a fight broke out at La Victoria Taqueria in San Jose. Pointer said Green was at the restaurant with friends.
“He was trying to enjoy his meal, and a man who was intoxicated and that man’s friends came in and threatened everyone with a gun,” said Pointer.
Surveillance video shows the fight inside. During the fight, someone pulled a gun.
“My client sprung into action and defended himself against this gunman, disarmed the gunman,” the attorney said.
San Jose police Chief Anthony Mata said bodycam images of a man holding a gun is what officers faced as they were rushing in on reports of an active shooter.
Get a weekly recap of the latest San Francisco Bay Area housing news. Sign up for NBC Bay Area’s Housing Deconstructed newsletter.
“The team of officers approached as the fight moved out the door and onto the landing, and one person is holding a handgun. The officer says 'drop the gun,' and he does not drop the gun, so one officer fires at least once and hits the individual,” Mata said.
“The police yelled ‘drop the gun’ without giving my client the chance to see it was the police or to turn around and see what was going on or even to drop the gun, he was shot multiple times,” said Pointer.
Mata said the officer did not know who brought the gun to the restaurant. That information was revealed after detectives viewed surveillance footage after the shooting. Police said the person who brought the ghost gun to the restaurant was arrested.
Green is recovering in the hospital with multiple gunshot wounds, none of which are life-threatening.
Pointer said San Jose police should be held accountable, and he is preparing for legal action against the department.