SAN JOSE, Calif. (AP) — Authorities say the man shot by San Jose police over the weekend was not carrying a loaded firearm as officers at the scene thought but a gold-painted toy gun.

The San Jose Police Department released details about the shooting — the department’s seventh officer-involved shooting this year — on Monday.

According to police, officers received a report on Sunday of a man with a gun asleep in a hotel stairwell. Police say when they aroused the suspect, who has been identified as Javier Gonzales-Guerrero, he reached for what they thought was a weapon. They shot him multiple times and only later learned he was holding a toy gun.

The officers are now on leave while the department investigates the shooting.

(Copyright 2011 by The Associated Press. All Rights Reserved.)

Comments (12)
  1. Angela says:

    This sort of thing is happening TOO MUCH! Im guessing the cops are too effin STUPID to tell the difference between plastic and a real-live gun? They shouldn’t be allowed to brandish weapons then! FACT: Police shot sleeping man who reached for toy. Dont matter what the dam toy is, they shot a man. How Sad.

    1. Angelas not to bright says:

      Angela, you are obviously a complete idiot, and have no idea how fast incidents happen on the street and how little time the police have to make life or death decisions. and there are plastic guns, that look like actual guns. The one posted above is a replica of actual firearms. pull your head out where it can get some sunshine.

      1. T says:

        Contrary to popular belief, police can deal with these issues in different ways. A friend of mine recently retired from the Sac. sheriff’s dept. without ever killing anyone, and yes, he had a regular beat not an office job. So give Angela a break, violence does not have to be the answer to every policing issue.

    2. illegals are Sponges says:

      Remember they come here (Break and entering) For a better life ( At the Social Service office pregnant) And then they get shot. Hope the Roach dies.

  2. bradenk says:

    Angela, you are such an idiot.

    You think, when you already have adrenaline rushing through you that you can make a split second call on if a gun is a toy or not? Is it worth YOUR life to hesitate and find out it was real after you get shot and your spouse and children lose you?

    That F-ing moron who was sleeping with the toy is the one who caused this. He shouldn’t have had it visible in the first place. And 2nd, he shouldn’t have reached for it when the cops woke him up. HE is the one who got himself shot. The cops did there job. If a guy is too stupid to realize he shouldn’t pretend like he has a gun, then too bad.

    1. MAC49 says:

      Ditto: Probably a bigger Idiot than you’ll ever know. Scarey how people think and their logic. Angela, Crawl back under your rock, best you don’t resurface, Just stay there. Hopefully you don’t vote either. That’s a H-ll of a lot more scarey.

    2. MilesD says:

      I am with you bradenk, Angela you are a IDIOT.

  3. moderatersense says:

    Angela, do you sleep in public stairwells with realistic looking toy guns? If you do then I can understand why this incident would upset you.

  4. Matthew Parvin says:

    Wow, you guys actually think it iws okay? I am with Angela and I use to work with the Police but am now retired, they should have told him to drop his gun first. The article said he reached for what they thought was a weapon, reaching for something doesn’t mean he has in his hands. Also, they man was asleep, not awake, so, it is okay for the Police to shoot anytime, just because they say, they thought, well, I think you guys, are idiots. Yes, they have the right to defend themselves, but they were never in harms way. He never threatened them as far having only split second decion making, well, they made the wrong decision

  5. JustCause says:

    Trial by 12, or carried by six? An adult is carrying around a toy gun because?

  6. reason says:

    Police later learned the man was holding a toy gun…so he must have reached what he was reaching for and the police must have mistakely took it for a real gun. It doesn’t seem like police are taking too many chances out there these days. All we know is what is reported to us.

  7. Ralph Shoop says:

    So I guess painting fake guns colors a la Senate Bill 798 isn’t going to stop innocents getting shot now?

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