SAN JOSE, Calif. — A tragic incident unfolded in San Jose as a felon with multiple prior gun convictions was fatally shot during a violent struggle with police officers. The incident occurred during a car stop on the side of Highway 85 on a Saturday afternoon. San Jose Police Chief Eddie Garcia addressed the media on Tuesday, providing details of the event.
According to Chief Garcia, the suspect, identified as a 29-year-old resident of Aptos, resisted attempts by Sgt. Lee Tassio to subdue him with a Taser. The suspect then reportedly lunged for Tassio’s firearm. The struggle escalated inside the passenger-side compartment of the Lexus SUV the suspect was in. Sgt. Tassio, an 18-year police veteran, fired a single, fatal shot to protect the other officer who was actively struggling with the suspect, according to The Mercury News.
“The suspect continued attempting to raise the pistol,” Garcia stated. “It’s an absolute tragedy. My heart goes to his father, who was there… but this individual was not going to give up. This individual was armed, once again, with a firearm with an extended magazine, with a round in the chamber.”
Chief Garcia emphasized the gravity of the situation, stating, “I’ve been doing this job for nearly three decades now, and I will tell you that I’m just glad we’re here not talking about an officer getting killed.”
Police confirmed that the suspect was carrying a loaded Glock 26 9mm pistol. The officers had been tracking the suspect since an Oct. 24 traffic stop near the Westfield Valley Fair shopping center. During that initial detention by the SJPD Violent Crimes Enforcement Team (VCET), the suspect provided his license to officers before backing his car into a police vehicle and fleeing the scene. Due to the circumstances, officers decided against initiating a vehicle pursuit at that time. Instead, they opened an investigation and began conducting surveillance on the suspect.
This surveillance led to the encounter that unfolded around 3:10 p.m. Saturday. VCET officers stopped the Lexus SUV in which the suspect was riding as a passenger. An officer ordered the suspect to exit the vehicle, but he refused to comply and remained in the front-passenger seat, reportedly occupied with his cellphone. At one point, the suspect’s father, who was driving the SUV, reached across his son and opened the passenger door. Aware of the suspect’s prior convictions for illegally possessing weapons, the officer attempted to pull the suspect out of the vehicle.
“The suspect pulled a gun from his waistband and raised it in the direction of the officer. That officer grabbed the suspect’s right hand and felt the gun as it was being raised toward him and a struggle began,” Garcia explained. “The officer pinned the suspect’s arm pushing it away from him to prevent him from being shot.”
Sgt. Tassio then arrived to assist the officer and unsuccessfully deployed his Taser. “The suspect was also trying to grab the second officer’s gun as they struggled in the car,” Garcia said. “The second officer fired one shot, striking the suspect.”
The fight was captured on the officers’ body-worn cameras, although no immediate plans to release the footage were announced. The suspect was pronounced dead at the scene. His father had been removed from the vehicle prior to the shooting and was unharmed.
According to police records, the suspect had been convicted of being a felon in possession of a handgun and ammunition in 2015, receiving a two-year prison sentence before being granted early release. In September 2017, he was again convicted on similar charges and sentenced to 32 months in prison, serving half of the sentence before being released. Furthermore, Chief Garcia noted that the suspect had prior convictions for arson, burglary, auto theft, and grand theft, and was a registered arsonist.
“I understand with regards to criminal-justice reform and I understand how our system isn’t perfect. But I think we can all agree that individuals, particularly those who have been convicted felons, that are driving around possessing loaded firearms in our city is not a good thing,” he said. “As we talk about gun control, and there are a lot of different issues, but let’s start with enforcing those laws and holding those people accountable to the fullest extent that we can.”
The SJPD homicide unit and the Santa Clara County District Attorney’s Office have initiated an investigation into the shooting, which is standard procedure following an officer-involved shooting in the county. The police Internal Affairs Unit, the City Attorney’s Office, and the city’s Independent Police Auditor will also monitor the probe.