SAN JOSE (KPIX 5) – The attorney for a man shot and wounded by a San Jose police officer during a wild brawl at a downtown restaurant early Sunday morning is calling his client a hero.
Surveillance video released Tuesday shows that 20-year-old K’uan Green was a customer at La Victoria Taqueria as a fight breaks out between two groups. One person pulls out a gun and Green is seen wrestling the gun away from him.
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When officers arrived, the McClymonds High School grad was shot in the abdomen, arm and leg. He was recovering at a hospital Wednesday.
“He has the gun at his side, he’s backing out, he has the gun pointed up in the air, which is what the video shows, and unbeknownst to him police are behind him,” said attorney Adante Pointer.
K’uan Green (Photo credit: Adante Pointer)
San Jose police said the officers were responding to a chaotic situation just minutes after a fatal shooting less than a block away in which the gunman was not located. Chief Anthony Mata said officers knew the man coming out of the restaurant was holding a gun and did not drop it when commands were given.
“What was presented to the officer was a man with a firearm who was a threat to the people inside the restaurant and possibly to the officers who were outside as well,” said Mata.
Police released a single still body camera image to support their argument that green was armed. The full body cam video was to be released at a later date.
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Mata acknowledged that Green may have been shot from behind.
“We’re still looking into where he was shot,” said Mata. “It looks like from the video that his back was towards us. But again, that’s something that we have to take a look at.”
“My client sprung into action and was a hero,” said Green. “He disarmed this man who, by all accounts, intended to harm him and anyone else that got in the way in that restaurant.”
Brian Carter (San Jose Police Department)
The person who originally brought the gun to the restaurant and brandished it during the fight was identified as 30-year-old Brian Carter. He was arrested for being a felon in possession of a privately-made firearm.
Green will not face any charges while the officer who shot him has been placed on administrative leave as the incident is investigated.
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