Man arrested for possessing ghost gun at San Jose taqueria released from custody

SAN JOSE, Calif. - San Jose police on Wednesday released the name and the photo of a man who they said had a ghost gun at La Victoria Taqueria over the weekend, which led to his arrest and the shooting of another man who tried to defuse the situation by grabbing the weapon away.

Sgt. Christian Camarillo said police arrested Brian Carter, 30, of East Palo Alto. He was booked into Santa Clara County Jail on suspicion of being a felon in possession of a firearm. The photo showed a bandage over Carter's right eye. 

Carter has not been formally charged and has been released from custody.

In a phone interview on Wednesday, Carter insisted he "did not bring the gun to the taqueria."

He told KTVU that he picked up the weapon while it was on the floor during the fight inside, but somebody wrestled it away from him, although he does not know who.

Police had acknowledged that the gun passed back and forth between several hands during the melee. 

Carter is the only person so far who has been arrested in this case, Camarillo said. 

WATCH: Fight inside San Jose taqueria

Video from inside the restaurant shows that Carter was involved in a brawl at the downtown taqueria on Sunday about 3 a.m. when at least half a dozen people started fighting and tussling on the floor. 

At the same time,, police were working a homicide down the street and at the time, didn't know if the two were related, San Jose Police Chief Anthony Mata said during a Tuesday news conference. Police have since determined the fight and the homicide were not connected.

As officers arrived to the taqueria with guns drawn, Mata said officers approached a man holding a gun in his left hand in the doorstep. 

Believing that this man was the shooter, they commanded him to drop his weapon. Mata said the man didn't comply.

Police shot him and injured him.

That man was identified by his civil rights attorney as K'aun Green, 20, a football star at McClymonds High School in Oakland and a current defensive end linebacker at Contra Costa College.

Attorney Adante Pointer said Green, who is still in the hospital suffering wounds to his stomach, arm and knee, didn't know anyone involved in the fight and actually tried to break it up by pulling the gun away from someone's hands.

Pointer said there was so much commotion inside the restaurant that Green didn't have a chance to respond immediately to officers' calls for him to drop the weapon. 

Green was backing up out of the restaurant when police converged on the scene, Pointer said, who commended his client's actions, calling him a "hero."