SAN JOSE – A trio of San Jose police officers was legally justified when they shot and killed a homicide suspect holding a knife near the SAP Center earlier this year, according to a report released by the Santa Clara County District Attorney’s Office on Monday.
The shooting occurred the morning of May 3 at the intersection of North Autumn and West Julian streets. Officers James Barnard, Armando Ramos and Oscar Medina shot the suspect, 26-year-old Armando Salvatierra, a total of 24 times after he ignored repeated commands to drop a small folding knife and came within 15 feet of the officers, Deputy District Attorney Robert Baker wrote in the 29-page report.
Before the three officers opened fire with their service pistols, a fourth officer, Pete Christian, shot Salvatierra with a less-lethal stun-bag shotgun a total of four times, according to the report. Salvatierra dropped to one knee, but did not let go of the knife; he then stood up and walked toward the officers, who fired 21 shots in rapid succession.
Salvatierra fell to the ground and Barnard shot him three more times because he was still armed and moving, according to the report.
The report concluded the use of force was justified.
“Although three officers firing a total of 24 shots at a single target is significant, the shots were fired in rapid succession in a very short time frame,” Baker wrote in the report. “Moreover, Salvatierra continued toward the officers after being hit. Based on the circumstances, the officers used no more force than reasonably necessary.”
At the time of the shooting, Salvatierra was suspected of killing 51-year-old San Jose resident Lawrence Taylor just minutes earlier. According to the report, witnesses saw Salvatierra chase Taylor into the intersection and stab him multiple times.
Taylor encountered Salvatierra on a morning walk and the two men were “involved in some type of conflict” resulting in Salvatierra pursuing Taylor, according to the report. Taylor tried to get into the passenger seat of a white Subaru in the intersection, but the driver locked the door out of fear. According to the report, Salvatierra chased Taylor around the car, caused him to fall to the ground and used a folding knife with a 3½-inch serrated blade to stab him “repeatedly all over his body.”
An autopsy revealed Taylor was stabbed at least a dozen times, according to the report.
Witnesses tried to intervene and three corralled Salvatierra with their vehicles until officers arrived.
“Armando Salvatierra, after killing an unarmed man in broad daylight, gave responding police officers no choice but to shoot him. He ignored the efforts of bystanders to stop his vicious and murderous attack on Taylor. He ignored the loud and express commands of the officers to drop the knife and surrender,” Baker wrote in the report. “Only after non-lethal force proved ineffective, and he was within 15 feet of the officers while armed with a bloody knife, did the police resort to deadly force.”
Salvatierra was previously convicted of felony assault and on probation at the time of the shooting, according to the report.
Salvatierra’s sister told investigators he had been homeless since the death of their mother in 2016. She also said he suffered from bipolar disorder and used methamphetamine. According to the report, Salvatierra’s blood tested positive for methamphetamine as well as marijuana.
