SAN JOSE, Calif. (KRON) — San Jose police released new dramatic video Tuesday of the moment college football star K’aun Green was shot by an officer in a case of mistaken identity.

San Jose Police Department Officer Mark McNamara shot Green on March 27 after a chaotic brawl broke out at a popular taqueria, La Victoria Restaurant, and Green wrestled a gun away from an assailant.

Green was walking out the taqueria’s front door still holding the gun when officers arrived at the same moment.

Officer McNamara believed Green may be a homicide suspect and officers ordered him to “drop the f***ing gun” multiple times.  

Seconds after the officers arrived at La Victoria, McNamara shot Green four times.

A deadly shooting had just occurred by coincidence less than a block away on Fourth Street.

Green recovered at a hospital and he filed a civil rights lawsuit against McNamara.

According to Green’s attorneys, the police officer did not give Green a chance to drop the gun before the officer opened fire.

“K’aun Green is a hero. He saved his life and the life of everyone else in that restaurant. Sadly, the police poorly responded and overreacted to simply seeing a black man holding a gun,” attorney Adanté Pointer wrote.

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San Jose Police Officer Mark McNamara shoots K’aun Green at La Victoria Restaurant. (Image courtesy SJPD)

Surveillance cameras inside La Victoria recorded the brawl and police officers’ body cameras recorded Green’s encounter with police.

Police released video Tuesday showing multiple angles. (WARNING: Graphic video and language).

In March, Green was recruited by universities with Division-1 football teams with scholarship offers. Green was a three-time high school state football championship quarterback and current student-athlete at Contra Costa College.

“Everyone is stunned, basically, because he has been an outstanding young person in our campus and within our program,” Contra Costa College athletic director John Wade.

Officer McNamara remains on administrative leave while the SJPD and Santa Clara District Attorney’s Office investigates whether his use of force was justified and within the department’s policies.

During a press conference held on March 29, Police Chief Anthony Mata gave the following description of what happened before and during the officer-involved shooting:

  • The homicide happened at 2:43 a.m. on south Fourth Street near San Carlos Street. Officers found a man suffering from gunshot wounds and he was pronounced deceased at the scene. The killer fled on foot with the gun, and was likely still in the area.
  • Officers who responded to La Victoria believed that the brawl was connected to a homicide that had occurred just 30 minutes earlier, 200 feet away, on San Carlos Street, Mata said.
  • “(La Victoria Restaurant) was crowded with late night customers. Two groups became involved in a verbal argument with each other that escalated into a physical fight,” Mata said.
  • During the fight, one (man) produced a handgun and brandished it at another male. Seeing the gun, all of the occupants and employees began running out of the restaurant and yelling. A struggle for the gun ensues. The handgun changes possession more than once,” Mata said.
  • “An officer believes that an active shooter scenario is unfolding or about to unfold. A team of officers approach the restaurant on foot as the fight was continuing. The fight moved out of the front door and onto the landing, where one individual was holding the handgun. Officers gave repeated commands to drop the gun. However, (Green) does not drop the gun and one officer shot more than one time,” Mata said.