Police Shoot Man Carrying Toy Gun in Waistband

A man who was shot multiple times by police was carrying a gold-painted toy gun in his waistband -- not a loaded firearm as officers had suspected, authorities said.

A man who was shot multiple times by police was carrying a gold-painted toy gun in his waistband -- not a loaded firearm as officers had suspected, authorities said.

It was the seventh officer-involved shooting this year involving the San Jose Police Department.

The man, identified as 25-year-old Javier Gonzales-Guerrero of San Jose, was being treated at a hospital. No further details were available on his condition. Efforts to reach his family on Tuesday were unsuccessful.

Police said Monday that officers received a 911 call on Sunday from a hotel receptionist reporting a man dressed in green hospital scrubs was passed out in a hotel stairwell.

"The thing is, he has a gun," she told the dispatcher, according to the emergency recording released by police. "I saw it so I didn't bother waking him up."

The man was sleeping with his arms crossed on his chest and a hat covered his face, she said.

"The shirt is kind of lifted up, and you can see the gun is, like, on the waist," she said, adding the gun had a gold handle. The name of the receptionist was not released.

Police said officers arrived at the Extended Stay Deluxe Hotel and tried to wake the man. After shouting at him, he eventually woke up and reached for his waist, police said.

Four officers, who believed the suspect was about to shoot them, fired.

Authorities said police learned the gun was a replica almost immediately after they arrested the suspect when one officer stepped on the gun and it shattered.

The man was wearing the scrubs as part of a Halloween costume, police said.

The officers placed on leave while the department investigates were Sgt. Brian Johst, 41, Officer Mark Stephens, 44, and Officer Tim Stephens, 47 -- they are not related -- and Officer Gary Petrakovitz, 40. The officers have 13 to 20 years on the force.

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