September 2, 2014
SAN JOSE, Calif. (AP) - San Jose officials have tentatively agreed to pay nearly $5 million to settle a lawsuit by a man who was shot more than 20 times by police after they mistook his toy gun for the real thing.
The San Jose Mercury News reports Wednesday that the proposed deal would settle Javier Gonzales-Guerrero's federal lawsuit against the city.
The construction worker had passed out drunk at a hotel after attending a Halloween costume party Oct. 23, 2011.
Hotel guests became concerned about the sleeping man, who was dressed as a surgeon and had a gold-colored revolver tucked in his waistband.
Police said that officers who responded to the scene fired at Gonzales-Guerrero when they saw him move his hands toward the gun.
Gonzales-Guerrero survived the gunshot wounds after multiple surgeries.