Gilroy Officer Acted Lawfully In Fatal Shooting: District Attorney

GILROY, CA — A Gilroy police officer acted within the law when she fatally shot a man who ambushed her last September near the post office, according to an investigation by the Santa Clara District Attorney’s Office released last week.

The man, 40-year-old David Lopez, lured police to the post office around 2 a.m. on Sept. 8 before firing at Officer Catalian Fraide multiple times, according to the district attorney’s office. Fraide shot back at Lopez while he was trying to reload a second gun, killing him.

“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,” Deputy District Attorney Rob Baker said in the 20-page public report. “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.”

At the time of the incident, Lopez had an arrest warrant on suspicion of attempted murder.

Lopez, a Gilroy resident, used two handguns to initiate a shootout with officers, according to police. Police said Lopez called 911, identifying himself as a subject the police were looking for and that he would be waiting at the post office. Lopez also said he was unarmed and intoxicated, and remained on the line with the dispatcher while police arrived.

A toxicology screening determined Lopez had methamphetamine and amphetamine in his system.

Lopez immediately began shooting at the first officer who arrived on scene and struck her car, according to police. The officer returned fire and Lopez was struck at least once. During the shootout, Lopez discarded his gun and started shooting with a second handgun. Both guns were recovered at the scene.

The shootout lasted less than a minute and seven rounds were fired. No officers or bystanders were injured in the incident, according to police.

Lopez was suspected of an Aug. 31 shooting on the 8500 block of Wren Avenue that seriously wounded the victim. Gilroy police obtained an arrest warrant for Lopez on Sept. 1.