The Santa Clara County District Attorney's office on Thursday reported that an undercover San Jose police officer acted lawfully when he shot and killed a wanted suspect in May.
Demetrius Stanley, 31, died in the shooting shortly before 9:45pm on May 31 in the 1100 block of Tofts Drive, where plainclothes officers had gone on a surveillance operation related to a prior criminal case involving Stanley.
Officers were on a stakeout to figure out how they could safely arrest Stanley, who was wanted for an armed robbery.
Stanley came out of his house armed with an unregistered handgun and chased an unarmed undercover officer pretending to be a jogger down the street, according to police.
Stanley then stopped and walked back, passing an unmarked vehicle where a second plainclothes officer was seated.
The officer knew Stanley was armed so the officer did not get out to confront him, but Stanley allegedly opened the driver's side door and pointed the gun at the officer, prompting the officer to fire his handgun at Stanley, police said.
The officers involved in the fatal shooting were identified as Hans Jorgenson and Anthony Baza. Both are members of the Police Department's Covert Response Unit.
Police released a surveillance video of the shooting in early June.