SAN JOSE (KRON) — The Santa Clara County District Attorney determined Wednesday that the police killing of a wanted suspect during a traffic stop in 2019 was lawful.
According to the DA, 29-year-old Andrew Roberts was wanted for a no-bail active warrant for evading police. He was located in the passenger seat of his father’s car in November 2019 and pulled over on southbound Highway 85, near Winchester Boulevard in a “planned operation,” the DA said.
Police reported that Roberts fought with officer Matthew Rodriguez and Roberts misfired his stolen handgun during the struggle.
Sergeant Lee Tassio fired a single, close-range shot that killed Roberts when he said he saw Rodriguez losing control of the handgun. The medical examiner had said Roberts was shot in the head.
“I was scared he was going to kill me. I was scared he was going to kill Matt,” Tassio told investigators.
“Andrew Roberts was solely responsible for putting SJPD Sergeant Lee Tassio into a position where he had no other choice but to use deadly force to protect his life and the lives of other officers, and the use of that force was necessary and reasonable under the circumstances,” said the report.
Recorded footage of the encounter (video one/video two) shows the struggle between Rodriguez and Roberts.
Bay City News reported that he had multiple prior convictions for offenses relating to arson, burglary and grand theft auto, as well as felon in possession of a firearm.