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San Jose Police Department
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San Jose Police Department
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201 W. Mission Street, San Jose, CA 95110
Ph (408) 277-5339 Fax (408) 286-0923

SJPD is investigating an Officer Involved Shooting that occurred on 5-28-17
Filed under Press Release, on 6/1/2017 2:11:00 PM by Author: Sergeant Enrique Garcia #2936.

TYPE OF CRIME: Officer Involved Shooting
CASE NUMBER: 17-148-0046                                                       
LOCATION: 100 block of E. St. John St., San Jose        
SUSPECT: Francis De La Cruz
AGE:  35 year-old male
ADDRESS: San Jose Resident
OFFICER: Juan Avila #4407 EXPERIENCE: 2 Years

San Jose, Calif. - On Sunday, May 28, at approximately 12:35 AM, San Jose police officers were dispatched on report of a disturbance involving a tenant in the apartment complex located on the 100 block of E. St. John St.  Security at the complex had called the San Jose Police for assistance as the subjects were not compliant. Several officers arrived on scene and attempted to make contact with the suspect who was inside an apartment and refusing to open the door.  Officers observed flames and smoke coming from underneath the front door. Fearing for the lives of the occupants inside the apartment, they forced the door open.

Officers were immediately confronted by two suspects, one of whom was immediately taken into custody. The other suspect was armed with an axe. The suspect initially discarded the axe, but then did not comply with the officers commands.  A Taser was deployed, however, it had no effect on the suspect. The suspect then rearmed himself with the axe and it was not until he began to threaten the officers with the axe and advance on the officers, that the officer was given no other choice than to discharge his firearm in the defense of his life and others in the immediate area.   The suspect was struck at least once. The suspect was subsequently taken into custody and transported to a local hospital where he was pronounced deceased a short time later. The investigation revealed the fire was intentionally set by one of the suspects in an effort to deter the officers.

This suspect had numerous priors for violence, weapons, drugs and prior contacts for mental illness.

Chief Eddie Garcia said, "This is tragic for the suspect and for the suspects family, but what often gets lost in these cases is the impact on the officers, who seemingly have the deck stacked against them in these types of incidents. Officers who are tasked to perform the incredibly difficult task of diffusing a critical situation with someone already in a mental crisis, and when their attempts to diffuse the situation fail, I can assure you they are affected. This officer responded bravely, and almost certainly saved himself and his fellow officers from grave danger, in response to an almost impossible situation."    

The officer was placed on routine paid administrative leave. The Santa Clara County District Attorney’s Office and the San Jose Police Department's Homicide Unit are conducting a joint criminal investigation. The case is being monitored by the San Jose Police Department's Internal Affairs Unit, the City Attorney’s Office, and the Office of the Independent Police Auditor. 

Anyone with information is asked to contact Detective Sergeant Mike Montonye or Detective Jason Tanner of the San Jose Police Department's Homicide Unit at 408-277-5283. 

Persons wishing to remain anonymous may either call the Crime Stoppers Tip Line, (408) 947-STOP (7867), or click the "Submit a Tip" link below. Persons providing information leading to the arrest and conviction of the suspect may be eligible for a cash reward from the Silicon Valley Crime Stoppers.

BY: Sgt. Enrique Garcia #2936 AUTHORIZED BY: Lt. Paul Spagnoli #2924             
DATE: 6/1/17 TIME: 2:15 PM DATE: 6/1/17 TIME: 2:15 PM


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