Prosecutors: Gilroy police officer lawfully killed suspect who ambushed her
GILROY – A Gilroy police officer who fatally shot an attempted murder suspect who had ambushed her during a call last September will not face charges, prosecutors said Friday.
According to the Santa Clara County District Attorney's Office, Officer Catalina Fraide was acting within the law when she shot 40-year-old David Lopez.
"Officer Catalina Fraide's disciplined response to a live-fire ambush by a violent felon intent on killing police officers is a credit to her training, professionalism, and courage," said a report by Deputy District Attorney Rob Baker. "Consequently, no criminal liability attaches to her. Officer Fraide's actions were both lawful and justified."
On the morning of September 8, prosecutors said Lopez called police to turn himself in. Lopez told the dispatcher that he was not armed and said, "I wouldn't be calling you if I was armed."
Fraide responded to the U.S. Post Office at 4th Avenue and Eigleberry Street shortly after 2 a.m. When she arrived, prosecutors said Lopez fired twice in her direction. Both shots missed Fraide, but one bullet lodged in the window frame of her patrol car.
Prosecutors said Lopez's gun then malfunctioned, and he proceeded to pick up a second firearm. Fraide then returned fire.
Lopez attempted to fire the second gun, but after discovering it was not loaded, he retreated behind a cement pillar and appeared to reload.
According to prosecutors, Fraide, believing that Lopez would kill her, fatally shot Lopez in the head with a single bullet.
Lopez was wanted for an attempted murder with a firearm that took place a week earlier. Prosecutors said Lopez shot a Gilroy man in his driveway four times before fleeing.
"Under the facts of this case and the applicable law, Officer Fraide reasonably believed she needed to use deadly force to protect herself from being killed by David Lopez, and such force was necessary and reasonable under the circumstances," Baker said.