The Santa Clara County District Attorney’s Office has concluded that the fatal police shooting of Roberto Rivera Jr., a 50-year-old man involved in a shooting spree in San Jose, was lawful. On the night of September 8, 2024, Rivera Jr., reportedly in a suicidal and intoxicated state, opened fire inside a taqueria before shooting a man outside in a truck and eventually confronting police.
During the incident, Rivera Jr. entered the taqueria on Senter Road, discharging rounds into the ceiling, and proclaimed to the patrons that they were about to receive U-Visas, which are provided to victims of violent crimes, before going on to shoot a man in the neck outside. Once six officers arrived at the scene and Rivera Jr., his weapon still in hand, pointed it at them after a 20-second plea to surrender, Officers Cesar Fernandez, Jessie Gifford, Juan-Carlos Jerez, and Brett Vranich discharged their weapons, resulting in his death, the chaos started when Rivera Jr. walked into the establishment with a firearm, and after firing several shots into the ceiling, he shot the driver of a truck in the neck and, engaging in what has been deemed "suicide by cop," sparked an encounter with police that ultimately led to his death, as per the Santa Clara County District Attorney’s Office.
In the subsequent investigation, it was determined that the involved officers were legally justified in using lethal force as they, or someone else, were in imminent danger, which is a provision allowed by law for law enforcement officers. The District Attorney's report, written by prosecutor Rob Baker, stated, per the Santa Clara County District Attorney’s Office, "Rivera’s ...refusal to drop his gun, and deliberate motion pointing his firearm in the direction of officers ..., make clear his intent that night was to commit 'suicide by cop.'" After fatally shooting Rivera Jr., a K9 unit was used to pull his body away from the nearby weapon. However, the Medical Examiner confirmed that the bullets were the cause of death and not the K9 engagement.
