The Mercury News

Officer shoots man who allegedly rammed police during car chase

The suspect was found to be on probation, and he was wanted on a felony warrant

- By Robert Salonga and Joseph Geha Contact Robert Salonga at 408-920-5002 and Joseph Geha at 408-707-1292.

SAN JOSE >> Santa Clara police shot and wounded a man who allegedly rammed patrol vehicles at the end of a highspeed car chase in West San Jose early Sunday, and who was later revealed to be on probation and wanted on a felony arrest warrant, authoritie­s said.

The suspect, identified as 38-year-old Manuel Gabriel Rico, was being pursued by Santa Clara officers who determined the GMC Jimmy he was driving was stolen, according to San Jose police, which is investigat­ing the shooting because it occurred within city limits.

Rico, a San Jose resident, was hospitaliz­ed at Valley Medical Center in San Jose for injuries that police said were not life-threatenin­g.

Rico’s mother, Elizabeth Martinez, said she and her family are still gathering details about the circumstan­ces of the shooting, but insisted Sunday that Rico bought the vehicle in question within the past two weeks and had the pink slip from the purchase.

According to San Jose police, Santa Clara officers saw Rico around 5:10 a.m. driving an SUV that they identified as stolen and tried to conduct a traffic stop near Stevens Creek Boulevard and Cypress Avenue, near the San Jose-Santa Clara city border.

“The suspect did not yield to officers and a pursuit ensued on surface streets and the freeway,” San Jose police said in a news release.

Police said that when the chase got to the area of Mayellen Avenue and Scott Street, about a half-mile northeast of San Jose City College, Rico used the SUV to ram into several Santa Clara patrol vehicles. That prompted one officer to fire at least once at Rico, police said.

Rico was hit, but he was able to get out of his vehicle and tried to leave the scene, but was caught by a police dog, according to police.

A search of Rico’s vehicle revealed a loaded stolen handgun, police said, adding that Rico was on what is known as Post-Release Community Supervisio­n, part of the state’s realignmen­t policy where prison sentences for certain nonviolent offenses are transferre­d to county jail and probation. Rico, police said, was also wanted on an active felony warrant in an unspecifie­d gun assault case.

Santa Clara police referred inquiries about the shooting to SJPD, which is investigat­ing the incident along with the Santa Clara County District Attorney’s Office, which is routine after an officer-involved shooting in the county.

Martinez said that just prior to being pursued by Santa Clara police, her son had visited a 7-Eleven store on Winchester Boulevard near Williams Road. She said her son, who worked in constructi­on, may have panicked and was wary of law enforcemen­t from his time as a reputed gang member and due to a high-profile confrontat­ion two years ago in Modesto, Martinez said.

While Rico was a Stanislaus County jail inmate in Modesto, authoritie­s say he was injured after falling down an elevator shaft while fighting jail deputies. Martinez has challenged that account, alleging her son was shackled and couldn’t fight, and ended up down the elevator shaft as a result of deputies’ rough treatment.

Rico filed a civil rights complaint last year regarding the July 15, 2016, incident, in which he contended his erratic behavior that attracted deputies’ attention was from “unknowingl­y” ingesting meth while in custody. The complaint, which faulted the Sheriff’s Department, elevator manufactur­er and hospital that treated him, was dismissed this past January for procedural reasons, with a judge citing Rico’s “failing to keep his address of record updated,” according to federal court records.

Martinez was scrambling to piece together what happened to her son Sunday.

“I haven’t been allowed to see him, and have not been allowed to talk to him,” Martinez said late Sunday afternoon. “He has the pink slip for the truck. Today he was not doing anything wrong. He was scared.”

Police did not offer any additional comment on the status of the vehicle that the Santa Clara officers contend was stolen. The Santa Clara police officer who fired his weapon was placed on routine paid administra­tive leave.

Anyone with informatio­n about Sunday’s pursuit or shooting can contact SJPD Detective Sgt. Raul Martinez or Detective Brian Meeker at 408-277-5283, or leave a tip with Silicon Valley Crime Stoppers at 408-947-STOP or at svcrimesto­ppers.org.

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