Family of man killed by SJ police files lawsuit against city

(Jordan Duca/ Unsplash)

By Janet Garcia

(SAN JOSE, Calif.) The family of an unarmed 27-year-old man shot and killed by San Jose police officers in January filed a wrongful death suit against the City of San Jose on Wednesday, KTVU reported.

David Tovar Jr., who authorities say was a person of interest in a string of crimes, including homicide, was gunned down by officers at the Villa Fairlane apartment complex on Jan. 21.

Attorneys Adanté D. Pointer and Patrick Buelna said the killing was unnecessary and his last moments were "a painful, agonizing and torturous death," according to the report.

Police acknowledged Tovar was unarmed during the confrontation but his connection to several violent offenses had officers on high alert, according to NBC Bay Area.

Tovar was a person of interest for a homicide and shootings in Gilroy, weapons violations in San Jose, and a shooting at Galvan Park in Morgan Hill on Jan. 5.

In January, acting Police Chief David Tindall said that an officer saw Tovar reach into his waistband, pulling out what the officer "believed to be the butt of a handgun." Later on, it was confirmed to be a screwdriver and not a gun.

Tindall said Tovar did not comply after "multiple commands to show his hands" and the lawsuit alleges that Tovar was not warned.

According to the lawsuit, officers failed to deescalate the situation or use less-lethal force before opening fire with their "military-style assault rifles."

Pointer said it's clear from video and witnesses that Tovar did not verbally threaten officers or display a gun.

"The officers failed to make any reasonable efforts to bring Mr. Tovar into custody without using deadly force," Pointer wrote in his suit, according to KTVU. "Instead, officers recklessly opened fire within mere seconds of approaching Mr. Tovar without using less-lethal weapons or any other de-escalation techniques which endangered the innocent tenants of the apartment complex and ultimately killed Mr. Tovar."

Tindall noted there was ample evidence, including DNA, video and eyewitness reports, linking Tovar to the offenses. Yet police have not made any evidence public, according to the report.

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