Nine months after a Gilroy Police officer shot and killed a suspected domestic abuser, the Santa Clara County District Attorney’s office issued a 32-page report finding that the officer wasn’t at fault in the death of Hector Alvarez, 19, identified as a Norteño gang member with a history of domestic abuse.
Officer Adam Moon shot Alvarez at 6:57 p.m. on Dec. 14 at an apartment complex at Filbro Drive after being called by an anonymous informant who heard the couple fighting.
When the officer approached Alvarez and asked him to put up his hands, Alvarez reached into his waistband twice and charged at the officer, according to testimony from witnesses and police.
“By the time Alvarez lowered his upper body and charged at Officer Moon, Officer Moon clearly had a genuine and reasonable belief that Alvarez may have obtained a weapon from his waistband and presented him with an imminent threat,” the report concludes.
“Moreover,” the report continues, “even if Alvarez did not obtain a weapon, Alvarez was clearly attempting to put himself in a position to overpower Officer Moon and potentially take the officer’s gun. The law clearly allows a person to use deadly force in self defense where there is a reasonable need to protect oneself from an apparent, imminent threat of death or great bodily injury.”
Alvarez had a criminal record that included robbery, domestic violence and burglary. In one case, he stabbed the woman with whom he was fighting in the hand with a screwdriver while she was pregnant.
To see the entire report with witness statements and pictures, go here: https://www.sccgov.org/sites/da/newsroom/newsreleases/Documents/Alvarez%20OIS.pdf