David Tovar Jr.

Date: 1/21/2021                      Location: San Jose, CA                    FACTORS (1,2,4,19)

Name: David Tovar Jr.                                  

Criminal History/Involved: Yes, Tovar had prior convictions for “resisting arrest, domestic violence, controlled substances violations and grand theft”./Yes, Tovar was “a person of interest wanted in connection with a homicide” and had active warrants for “vehicle theft, burglary, grand theft, vandalism and firearms related offenses”.       

Mental Illness: Yes, Tovar was known to “lock children outside his apartment and walk around the complex with a knife”.

Substance Abuse History/Involved: Yes, Tovar has prior drug related arrests./None reported.

Race/Sex/Age: Hispanic/Male/27

Officer(s) involved: San Jose Police Officers                                                                    

What prompted the initial contact with police? At approximately 10 a.m. on January 21, 2021, officers tracked David Tovar down to an apartment complex where they attempted to arrest him for active warrants.

Actions taken by subject towards police: Upon being confronted by the officers, Tovar ran back into the apartment complex, up to and around the second-floor walkway. While running Tovar reached into his waistband/pocket area and grabbed an object in his right hand while police yelled at him, “put your hands up”.

Reactions by the police: Fearing the object Tovar held in his hand was a gun and aware of his tactical advantage being elevated, officers opened fire on Tovar when he failed to stop and drop the object.

Outcome of investigation into the fatal police incident: Incident is under investigation.

What could the subject have done that day to still be alive today? Not be the subject of a multi-jurisdictional investigation “in connection with a dozen robberies and auto thefts between April and October last year, and the recovery of guns in at least two stolen vehicles”; Comply with police and not flee from them; Not grab an object from his waistband which could be mistaken or feared to be a gun.  

Miscellaneous: Bodycam video available at Mercury News.

Justified Use of Deadly Force?YES, given Tovar’s known violent criminal behavior, his failure to comply, elevated position and unknown object in his hand which one officer communicated was possibly a gun, the officers reasonably feared for their safety and justifiably used deadly force against him.