Pubdate: Wed, 18 Feb 2004
Source: San Jose Mercury News (CA)
Copyright: 2004 San Jose Mercury News
Contact:  http://www.bayarea.com/mld/mercurynews
Details: http://www.mapinc.org/media/390
Authors: Crystal Carreon and Sandra Gonzales, Mercury News

WRONG MAN SHOT, KILLED

Wanted Parolee Found Later in S.J., Cops Say

A state drug agent shot and killed a man after a chase through
downtown San Jose on Tuesday, but later discovered the man wasn't the
suspected parole violator he had been searching for, San Jose police
said.

State authorities later arrested David Gonzales, the man they were
looking for, just a few blocks away.

Authorities did not release the victim's name Tuesday, but relatives
identified him as Rodolfo Cardenas, a construction worker who had
recently separated from his wife.

The state Department of Justice confirmed a Bureau of Narcotics
Enforcement agent was involved in the shooting near a retirement home
on North Fourth Street. San Jose police said they received a 1:23 p.m.
call of shots being fired.

Hallye Jordan, a spokeswoman for state Attorney General Bill Lockyer,
did not identify the agent involved, and would not discuss the details
of the shooting Tuesday. She said the Justice Department would be
doing a concurrent investigation, along with the Santa Clara County
District Attorney's Office and the San Jose Police Department.

Police said Tuesday evening that the parolee agents were seeking was
believed to be armed and dangerous.

The pursuit began on North 14th Street Tuesday afternoon.

Agents in unmarked cars searching the area saw a man fitting the
description of the wanted parole violator, police said, and followed
the man. When he realized he was being followed, the man abandoned his
van on North Fourth Street and ran, according to police.

During the chase, the state agent fired several shots, hitting the
man.

Police had said that the man had run red lights and possibly tossed a
weapon out of his speeding minivan.

Police spokesman Sgt. Steve Dixon said it initially appeared the man
had suffered a non-life-threatening wound to his buttocks, and he was
taken to San Jose Medical Center for treatment. A few hours later, the
department was notified that the man had died.

Police said that shortly after the shooting, drug agents and police
returned to 14th Street and arrested Gonzales, the wanted man.

Tuesday night, Cardenas' niece lashed out at the agent who shot her
uncle.

"It's so inhumane to treat a person like that," Juanita Villarreal
said. "It's not right, it's ridiculous. How can you kill somebody if
they're running from you? I don't have an uncle, my cousins don't have
a father, all because of a mistake. They go around chasing and scaring
people, and for what?"

Alfred Cardenas of Bakersfield said he believed his "baby brother"
had an outstanding warrant for driving under the influence.

Several witnesses described seeing a man jump out of a light-colored
minivan after it appeared he had been cornered on North Fourth Street,
just south of East St. James Street. The man, described as wearing a
black and white shirt, was seen running between a Victorian home and
the Shires Memorial Center on North Fourth Street when "a couple of
seconds later, you heard the shots go off -- pop, pop, pop -- and then
a pause before a final shot," said Mike Miranda, a security guard who
was standing across the street when the cars abruptly stopped. "It
happened really fast."

Maria Jack was tending to two real estate clients down the street when
she said she heard at least three gunshots. The former bank teller,
who survived an armed robbery 20 years ago, immediately recognized the
sound and shoved a rug under her door to prevent anyone from entering
the business.

"It was traumatic to hear those shots," she said. "It's usually
pretty quiet around here."
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MAP posted-by: Richard Lake