San Jose police officers cleared in fatal shooting last September

SAN JOSE — Four police officers acted lawfully when they shot and killed an armed man outside a San Jose convenience store last September, according to prosecutors.

In a report released Friday, the Santa Clara County District Attorney’s Office said 50-year-old Roberto Rivera Jr. gave officers no other choice but to use lethal force when he refused to drop a semiautomatic handgun he was carrying and aimed it at them.

On the night of Sept. 8, Rivera sent suicidal group texts to his family, walked into a taqueria on Senter Road and fired several rounds into the ceiling, according to prosecutors.

Just prior to opening fire, Rivera told patrons, “Everyone here is about to get U-Visas,” an immigration status that is sometimes given to violent crime victims, prosecutors said.

He then walked out of the taqueria and into a parking lot, where he shot a driver in the neck, according to prosecutors.

Afterward, Rivera walked toward Senter Road but stopped in front of a 7-Eleven as four police cars arrived at the scene. Rivera, facing half a dozen armed officers to his right and left, aimed his gun at the sky and yelled “shoot me,” prosecutors said.

The officers ordered Rivera to drop his weapon and spent the next 20 seconds asking him to surrender. Rivera instead began a countdown, and then he slowly lowered his firearm and pointed it directly at the officers to his right, according to prosecutors.

Prosecutors said officers Cesar Fernandez, Jessie Gifford, Juan-Carlos Jerez and Brett Vranich believed Rivera intended to gun down their colleagues and opened fire.

Once Rivera was down, officers sent a K9 to pull him away from his gun. The dog grabbed Rivera’s throat twice, but the medical examiner determined Rivera’s fatal injuries were caused by the bullets fired by police, not the bites, according to prosecutors.

A toxicology analysis showed that Rivera had methamphetamine in his system and that his blood alcohol level was .18%, or more than two times the legal limit to drive.

If you or someone you know is struggling with feelings of depression or suicidal thoughts, the 988 Suicide & Crisis Lifeline offers free, round-the-clock support, information and resources for help. Call or text the lifeline at 988, or see the 988lifeline.org website, where chat is available.