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SAN JOSE – A man arrested in connection with a deadly weekend shooting has been freed after prosecutors declined to file criminal charges, a decision based on the man’s claim that he was defending his relative from being beaten by a group of people in front of his home. , officials said.
The shooting happened around 11:25 p.m. on Oct. 29 at a home near Melbourne Boulevard and Kaufman Court on McLaughlin Avenue.
Four men went to the house in search of a resident, and when the resident came out, the men started attacking him. At some point during the attack, a relative of the resident emerged from the house with a gun and opened fire on the group.
Two people were hit and both were taken to the hospital, one of whom died. The Santa Clara County Medical Examiner-Coroner’s Office has not released the name of the deceased pending official identification and notification of next of kin.
The shooter was arrested that night. The county district attorney’s office confirmed Friday that the man should not be charged because of a credible self-defense claim. However, the office may re-examine the case if there is more evidence or information, the official added.
The shooting’s profile was raised into the public realm when San Jose police cited in an internal bulletin as part of the failure of police to respond to a disturbance call three miles away that led to another fatal shooting.
Police and the San Jose Police Officers Association argued that the patrol response to the shooting near Melbourne and Coffman and other emergency calls failed to respond to a music disturbance involving a house party on Madera Avenue that same night. , about three miles north.
About 90 minutes later, a shooting broke out at a Madera Avenue house party, resulting in the death of 19-year-old Daniel Guizer Arredondo of San Jose.
The bulletin’s release led the union to argue that resources devoted to earlier shootings, combined with reduced staffing, deprived police of an opportunity to respond quickly to the House party, where the shooting could have been prevented. But the police department backed away from that argument, acknowledging the staffing challenges but arguing that the first call to Madera Avenue was only a music disturbance report and might not have elicited an immediate response even if the patrol wasn’t already there.
The weekend’s two homicides are the 31st and 32nd homicides this year investigated by SJPD. The department investigated 31 homicides in 2021, not including the nine killed in VTA mass shootings investigated by the sheriff’s office.
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