DA Clears South Bay Cops In Fatal Shooting Probe

SANTA CLARA COUNTY, CA — Four South Bay officers acted lawfully in fatal shooting of a carjacking suspect earlier this year.

That’s the conclusion of the Santa Clara County District Attorney’s Office, which on Thursday released the findings of its internal probe into the fatal Jan. 19 shooting of 32-year-old Robert Seth Carter in a 41-page report.

Multiple officers opened fire on Carter, who was armed with an unserialized “ghost gun” at the time of the shooting, San José Police Chief Anthony Mata said around the time of the shooting.

The DA’s Office probe concluded that there was “abundant circumstantial evidence that Carter intended for the police to shoot and kill him.”

“Carter told Jane Doe that he would die before going back to prison. Despite having a gun with no ammunition, he aimed it directly at Officer Gutierrez and ignored warnings to drop it,” the report said.

“Once he was hit, Carter still refused to drop his gun. Even after Officer Ortiz fired multiple rounds, Carter propped himself up and raised his arm at the officers again, leading to the final volley that likely ended his life.”

Carter at around 6:45 p.m. Jan. 19 was parked in a suspected stolen Toyota Camry in Guadalupe River Park and drove off at high speed when an officer approached.

“Despite not being actively pursued by the police, Carter drove at speeds of up to 70 m.p.h. on freeways and streets across San Jose, from the west to the east and back again, running red lights and stop signs. At one point, he drove against heavy oncoming traffic,” the DA’s Office said.

Carter attempted another carjack in the city of Santa Clara before T-boning a passing car and causing a major collision at the corner of Park Avenue and Hedding Street, the DA’s Office said.

“After crawling out of his burning vehicle, Carter fired a handgun at an approaching patrol officer, who heard the bullet whizz past his head. Carter continued to flee on foot until he was confronted by a police officer in a passing police vehicle.

“Ignoring the officer’s commands to drop his gun, Carter raised his arm and pointed the gun directly at the officer,” the DA’s Office said.

Multiple officers fired, hitting Carter at least nine times, the DA’s Office said.

Carter later died from gunshot wounds. An autopsy showed that Carter’s blood contained methamphetamine and amphetamine.

— Bay City News contributed to this report