A Gilroy Police Department investigation into an
officer-involved shooting Tuesday night will continue into next
week, and the officer who fired one round
– but missed – remains on leave.
By Lori Stuenkel
Gilroy – A Gilroy Police Department investigation into an officer-involved shooting Tuesday night will continue into next week, and the officer who fired one round – but missed – remains on leave.
Meanwhile, Louis Miranda, 41, the man who allegedly prompted the officer to discharge his gun by wielding a knife at police, was arraigned Friday. The officer has not been named by police officials.
Miranda is charged with exhibiting a deadly weapon other than a firearm, and resisting, delaying, or obstructing a police officer, both misdemeanors.
Officers arrested Miranda Tuesday night, following a two-hour standoff at a Pierce Street apartment that ended when one officer discharged his firearm, but missed, and another began firing pepper-balls at Miranda. Police originally booked him on suspicion of four counts of assault with a deadly weapon against peace officers, but charges were reduced Friday.
It was unclear Friday why charges were reduced and officials in the district attorney’s office could not be reached for comment.
Police say Miranda brandished a knife and refused to comply with their orders Tuesday night, both during the standoff and later when they gained access to the apartment.
The incident began when one of Miranda’s sisters, a Hollister resident, phoned police to say her brother, despondent over a recent break-up with his wife and separation from his children, cut his own wrists and ankles.
As he walked into Santa Clara County Superior Court in San Martin Friday, bandages could be seen covering part of his shackled wrists. His arms covered in tattoos, Miranda leaned back in his seat and closed his eyes until Commissioner Deborah A. Ryan entered the courtroom.
She appointed Miranda a public defender and kept him in custody on $100,000 bail because he has another case pending. In that case from July 2003, Miranda is charged with driving under the influence, driving with a suspended license, assault and battery, and resisting or delaying an officer, all misdemeanors.
Outside the courtroom, Miranda’s sister said Miranda surrendered to police without a knife in his hands. If he resisted, Sylvia Quistian said, he only reacted to seeing guns in the police officers’ hands, she said.
The GPD is continuing to investigate the incident. Police say Miranda refused to open the door to the apartment. When officers obtained a key and entered, he confronted them with a knife, police say. An officer fired his gun at Miranda one time inside the cramped apartment, missing him. Another fired a pepper-ball, striking Miranda in the chest. Miranda retreated farther into the apartment, but surrendered after a few minutes, police said.
Capt. Jack Robinson said Friday the officer who fired his gun will remain on leave until the investigation is over. The other three officers returned to work Thursday night, after one night off, he said.
“We want to make sure that they have whatever resources they need, any counseling or anything they might need, as a result of the situation. For their sake, and for the sake of the citizens,” Robinson said. “It’s one of those situations that nobody really relishes going through.”
He would not release the names of the officers involved Friday, but said the department is expected to release them next week when the investigation concludes.
“We assign a supervisor to conduct that investigation, and a member of the Santa Clara County District Attorney’s investigators also oversees the investigation,” he said. “They’ll oversee any kind of criminal investigation, whereas we’ll do an internal investigation.”
All the officers involved will interview with the investigator, as will some witnesses and possibly Miranda, Robinson said.
“Part of it is, the victim also has some criminal allegations against him, and he may not want to talk to us about those,” he said.
The investigating supervisor will file a written report with Chief Gregg Giusiana indicating whether or not the shooting appears to be justified or within policy.
During a hearing required by state law at which the officer will be present, Giusiana will determine whether to take any disciplinary action against the officer. The officer will have the opportunity to speak, if he chooses, Robinson said.
Throughout the investigation and his time on leave, the officer receives union representation.
