On Jan. 21, an undercover San Jose police squad was on the hunt for 27-year-old David Tovar - they claimed he was a suspect in an ongoing crime spree. When the three still-unidentified officers received a tip that Tovar was a the Villa Fairlane Apartment Complex, they brought a K9 unit and department-issued rifles.
Upon seeing the heavily armed officers, Tovar tried to get away. As he ran from officers, bolting along the second story walk way of the complex, officers opened fire from the ground floor. Bullets riddled walls and windows of some apartment units, and Tovar laid there lifeless as a K9 was let loose on his lifeless body. It was the first 2021 police killing in San Jose.
SJPD said they were protecting themselves because Tovar was seen reaching into his waistband and holding what they thought was the butt of a gun - but Tovar had no gun, just a phone and a screwdriver. His family has since filed a lawsuit against the department.