City agrees to pay $5 million to costumed man shot by police

Sept. 13, 2013 at 5:33 PM

SAN JOSE, Calif., Sept. 13 (UPI) -- Officials in San Jose, Calif., have agreed to settle a lawsuit and pay $5 million to a man who was shot by police while holding a gold-colored toy gun.

The agreement, which will go before the city council for approval Sept. 24, would give $4,950,000 to Javier Gonzales-Guerrero, who was shot by police Oct. 23, 2011, while he was passed out drunk at a hotel following a costume party, the San Jose Mercury News reported Friday.

Gonzales-Guerrero was holding a toy gun painted gold at the time of the shooting in the stairwell of the Extended Stay Deluxe Hotel. He was shot more than 20 times and has undergone multiple surgeries for his injuries, which include having a bullet permanently lodged in his spine.

City Attorney Rick Doyle said he considers the settlement reasonable and the city faced "considerable financial risk if a jury were to side with the plaintiff."

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