San Jose, California — On September 7, 2024, at around 9:24 p.m., San Jose Police Officers responded to multiple 911 calls reporting a man firing a gun outside a restaurant on the 4200 block of Center Road. Initial reports suggested a potential active shooter, as witnesses described the man firing shots into the air. Additionally, callers indicated that someone had been shot. The suspect, identified as 50-year-old Roberto Rivera, had discharged his weapon into the ceiling inside the restaurant and, after exiting, confronted and shot an adult male in the parking lot. Officers arrived at the scene around 9:33 p.m., where they found Rivera still outside the restaurant, holding a stolen .45 caliber semi-automatic handgun raised above his head. Officers attempted to defuse the situation, issuing repeated commands for Rivera to drop the weapon. Rivera refused to comply, yelling, “Shoot me.” One officer responded, “No, we don’t want to shoot you.” Despite these attempts to de-escalate, Rivera then pointed his gun at the officers, prompting four officers to fire their weapons, striking Rivera. He fell to the ground, and a police K-9 unit helped take him into custody. Rivera was detained at approximately 9:37 p.m. and officers promptly administered medical aid while awaiting emergency personnel. He was transported to a local hospital with life-threatening injuries, where he was later pronounced dead. The investigation uncovered further details: Rivera had initially fired shots into the restaurant ceiling, then confronted an adult male standing near a vehicle in the parking lot. Rivera yelled at the man, then shot through the car’s open window, striking him in the neck. The victim was taken to a local hospital with life-threatening injuries before officers arrived. This attack was determined to be entirely unprovoked. Investigators also found that Rivera was under the influence of alcohol and illegal drugs at the time. Detectives later learned that Rivera had been involved in an earlier confrontation near his home, not far from the restaurant. During that incident, he confronted an individual in a vehicle and fired three rounds into the air. That person fled and did not report the encounter to the police.

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