San Jose police defined during a deadly shooting last September

San Jose – Four police officers acted legally when they pulled and killed an armed man in front of a San Jose convenience store last September, according to the prosecutors.

In a report published on Friday, the District Prosecutor’s Office of the County of Santa Clara said that Roberto Rivera Jr., 50, had given police officers of other choice than to use the deadly force when he refused to drop a semi-automatic handgun that he wore and targeted it.

On the night of September 8, Rivera sent suicidal group texts to her family, entered a Taqueria on Senter Road and pulled several bullets in the ceiling, according to the prosecutors.

Just before opening fire, Rivera told customers: “Everyone here is about to obtain U-visas,” said immigration status that is sometimes given to violent crimes victims, prosecutors said.

He then left the Taqueria and in a parking lot, where he shot a driver in the neck, according to the prosecutors.

Subsequently, Rivera headed towards feeling Road but stopped in front of a 7-Eleven while four police cars arrived on the scene. Rivera, facing half a dozen armed officers on his right and on the left, targeted his weapon on the sky and shouted “shooting me”, said the prosecutors.

The police ordered Rivera to drop her weapon and spent the next 20 seconds asking him to surrender. Rivera began a countdown rather, then he slowly lowered his gun and pointed him directly on the officers to his right, according to the prosecutors.

The prosecutors said that Cesar Fernandez officers, Jessie Gifford, Juan-Carlos Jerez and Brett Vranich thought that Rivera intended to shoot their colleagues and opened fire.

Once Rivera was broken, the police sent a K9 to keep him away from his weapon. The dog caught the throat of Rivera twice, but the medical examiner determined that the deadly rivera injuries were caused by the balls pulled by the police, not by the bites, according to the prosecutors.

A toxicological analysis has shown that Rivera had methamphetamine in its system and that its blood alcohol level was 0.18%, more than twice the legal limit to drive.

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