San José Police Shoot, Kill Armed Suspect Near 7-Eleven

Updated 5 p.m. Monday

A man who was shot by San José police after he was reportedly firing a gun into the ceiling of a restaurant and the air in a parking lot on Sunday night has died, police said Monday.

Meanwhile, another person shot by the man before police arrived is in critical but stable condition, authorities said.

Around 9:24 p.m., San José Police received multiple 911 calls reporting that a man was actively shooting a gun outside of a restaurant in the 4200 block of Senter Road. Acting Police Chief Paul Joseph said Monday that a 911 caller stated the man was shooting into the air randomly and that another person had been shot.

“Details emerged that an adult male suspect began shooting into the ceiling inside of the restaurant and then exited the restaurant, where he continued discharging his firearm outside,” Joseph said.

Several officers responded to the pleas for help from frantic 911 callers, reporting what was initially thought to be a possible active shooter situation with the potential for many injuries or deaths.

When officers arrived in the area, a small business plaza, they located the man, later identified as 50-year-old Roberto Rivera of San José, standing near his vehicle. He was armed with a stolen 45-caliber handgun that he was raising above his head, police said.

“Officers attempted to de-escalate the situation, giving the suspect commands to drop his weapon, but the suspect did not comply,” Joseph said. “The suspect then pointed his gun at the officers, causing four officers to discharge their weapons at the suspect, striking him more than one time.”

Rivera was taken into police custody around 9:37 p.m., transported to a hospital and later died from his injuries, police said.

While the investigation into the shooting is still in its early stages, police said interviews with witnesses and family members of Rivera led detectives to believe he was seeking confrontation.

“We are learning that the suspect had estranged himself from his family, was drinking heavily and had made comments regarding suicidal ideations,” Joseph said. “By all accounts, we believe the suspect was determined to have an armed confrontation with police and unfortunately shot a bystander during his self-created melee.”

Before police arrived in the area, a man who police said was shot by Rivera had already been transported to a hospital. Joseph said the two men don’t appear to have a known connection, and it’s still unclear what happened between the two of them before the shooting.

At a press conference Monday afternoon, Joseph said the four officers who shot at Rivera all had their body-worn cameras activated at the time of the shooting, and all are crisis intervention trained.

The officers, who were not identified by police, have between three and seven years of experience as police officers, Joseph said.

San José Mayor Matt Mahan lauded officers for the “incredible courage and professionalism” displayed during the incident.

“I believe that the reason that this was not a much worse tragedy than it already is, is because our officers responded quickly and courageously and did what they needed to do to ensure the safety of others who were there,” Mahan said during the press conference.

“We’re praying for the victim,” he said, “and just grateful that there aren’t other victims.”

The shooting marks the fourth time this year a San José Police Department officer, or officers, have fired their guns on duty — and the first time this year the shooting resulted in a death, police said.

The incident is being investigated by the department’s homicide unit and the Santa Clara County District Attorney’s Office and is being monitored by the San José Police Department’s Internal Affairs Unit, the City Attorney’s Office and the office of the Independent Police Auditor for the city.