DA Report: Campbell police sergeant lawfully killed a man who fired handgun at officers
For release on February 14, 2025
CONTACT:
Rob Baker
Deputy District Attorney
(408) 792-2873
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DA Report: Campbell police sergeant lawfully killed a man who fired handgun at officers
A Campbell police sergeant last year lawfully shot and killed a methamphetamine-fueled gunman who fired at officers while he wrestled with another officer, the Santa Clara County District Attorney’s Office has determined.
Before he was fatally wounded by Sgt. Najib Magee, Miguel Gomez, 31, was trying to rush into a bedroom with two small cowering children and trying to shoot Officer Stevie Munoz, who was “fighting for his life.”
The report, authored by Deputy District Attorney Rob Baker concluded: “The actions of Sergeant Najib Magee and Officer Stevie Munoz were both lawful and justified, demonstrating exemplary courage and training. Together, the two officers put themselves directly in harm’s way to protect two young children and fellow officers from the threat of great bodily injury or death posed by Miguel Gomez.”
The District Attorney’s Office investigates all fatal law enforcement encounters to determine if the lethal force was legal. By law, officers can use deadly force when they or others face imminent danger.
On March 19, 2024, Jane Doe contacted the Campbell Police Department via 911 text messaging service stating that she was afraid of Gomez, her live-in boyfriend. He was on a multi-day meth binge, she said, and had told her to barricade herself inside the bedroom of their apartment with her two children. Officers determined that Gomez had a “peaceful contact” domestic violence restraining order against him with Jane Doe listed as the protected party. When officers contacted Gomez from the doorway of the apartment to investigate a possible violation of the protective order, Gomez jumped up from the floor and rushed toward the children’s bedroom holding a loaded firearm. Officer Munoz tackled Gomez in the adjoining hallway and struggled over control of Gomez’s 9mm handgun. Gomez was able to fire one round from the weapon nearly striking two other officers in the living room. Sgt. Magee, afraid for his life and the lives of the other officers, discharged three rounds from his department-issued pistol, killing Gomez.
Officer Munoz was asked why he entered the home and tackled Gomez in the hallway. The officer explained he couldn’t “let [Gomez] get to the kids’ room.”
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