San Jose police shoot & kill man accused of firing gun at random, injuring one

SAN JOSE, Calif. - San Jose police said they were forced to shoot a suspect who was allegedly firing his gun inside a restaurant and shooting a man at random.

The shooter later died at the hospital.

In a news conference Monday afternoon, the San Jose Police Department's acting police chief, Paul Joseph, identified the suspect as 50-year-old Roberto Rivera, of San Jose.

Police say he has minimal criminal history. 

Some people called 911 on Sunday just before 9:30 p.m. to say that a man with a gun was shooting at businesses through the window of another shop in a plaza at 4278 Senter Road. 

Acting Chief Joseph said the suspect was shooting towards the ceiling inside a restaurant before he exited the restaurant and continued to fire his gun. 

The windows of a 7-Eleven were shot out. 

When the police arrived, they found one man who had been shot. Police say Rivera fired shots at the victim, seemingly at random. Police have not found any connection between the two men. 

50-year-old Roberto Rivera, suspect shot and killed by San Jose Police

The victim, whom police chose not to identify, is in critical, but stable, condition. 

Acting Chief Joseph says the man with the gun was holding it in the air while officers told him to drop his weapon, but the suspect did not comply. 

Then, at multiple officers shot at the suspect, striking him more than one time. 

Police took the suspect into custody, and then to the hospital, where he was later pronounced dead. Police could not yet confirm which officer may have fired the fatal shot. 

Employees at the restaurant told police Rivera had been drinking heavily earlier in the night and expressed suicidal ideation.

Officers believe he wanted an armed confrontation with police.  

"The proliferation of firearms in our community and the gun violence that comes with the easy accessibility of guns is a crisis both here in San Jose and across the nation," the acting chief said. 

Acting Chief Joseph says the investigation into what happened is still ongoing. 

Michael Cartagena saw a bit of what happened.

"When I crossed, there were two cops coming here, then two cops coming from the other side," he said. "I thought what's going on?" 

We spoke with another witness who asked not to be identified, fearing for her own safety, who said the time it took police to arrive "felt like forever" and was incredibly terrifying. 

San Jose Mayor Matt Mahan joined SJPD at the press conference; he commended the officers for their swift response. 

"This clearly could have been much worse..." Mahan said. "There's a lot of work to do related to behavioral health challenges: identifying mental illness in our community, and substance abuse, and getting people the help they need."
 

San Jose police shoot a suspect outside a 7-Eleven on Senter Road. Sept. 8, 2024

Shattered glass of a 7-Eleven on Senter Road in San Jose. Sept. 8, 2024

The windows of a 7-Eleven on Senter Road in San Jose. Sept. 8, 2024