As attorney Adonte Pointer told NBC News, his client K’aun Green, 20, was out at the La Victoria Ticquoria restaurant with friends on Sunday (March 27) when a fight broke out, and someone pulled out their gun. Green “sprung into action” and “disarmed the gunman.” He was subsequently mistaken for the suspect when authorities responding to reports of an active shooter arrived on the scene and found him with the gun in hand.
Per San Jose police Chief Anthony Mata, cops — initially unaware of who brought the weapon to the restaurant — ordered Green to “drop the gun” and fired after he failed to comply with their orders. Pointer, however, says the police didn’t give his client enough time to act before they fired at him.
“The police yelled ‘drop the gun’ without giving my client the chance to see it was the police or to turn around and see what was going on or even to drop the gun,” he told NBC News. “He was shot multiple times.”
Green was struck in the abdomen, leg and twice in the arm, his attorney continued. As he recovered from non-life-threatening injuries, he was reportedly handcuffed to his hospital bed and denied access to his family. After cops reviewed surveillance footage from the incident, they discovered the identity of the real gunman, who was arrested and charged with suspicion of being a felon in possession of a firearm. Green was set free and allowed to see his relatives.
“This is not how you treat someone who was a hero,” said Pointer, who is preparing for legal action against the San Jose Police Department. “He was a high school football star here in the Bay Area … McClymonds. He was a quarterback. Now, this has put all of that in jeopardy.” Still, he added, Green “remains optimistic that he will return to pursuing the sport he loves — football.”