SAN ANTONIO – The February shooting of a man by San Antonio police during a drug raid will not lead to criminal charges against the officers, a spokesperson for the Bexar County District Attorney's Office said.
Joseph Tamayo, 48, was shot and killed by an undercover officer February 16 inside his home on the 700 block of Vickers Avenue. Police said he pointed a shotgun at officers and one of them shot Tamayo in the torso. He died at the scene.
"Our Law Enforcement Integrity Unit reviewed the incident and it was closed May 9," said Jennifer Saucedo Rodriguez, a media liaison for the DA's Office.
Law enforcement agencies are required to file a custodial death report with the Texas Attorney General's Office. SAPD's report on the shooting provided additional details on the shooting that had not been available immediately after the incident.
It said a confidential informant named two people -- including Tamayo -- who were selling methamphetamine out of the home. Armed with a warrant, narcotics detectives and uniformed officers went to the home. The report said "all officers involved were either in uniform or had distinctive markings on the exterior of their clothing which made them easily identifiable as police officers."
Officers reportedly identified themselves and once inside, detained three people. A lieutenant and a detective continued to search the home and saw a closed bedroom door. KSAT-12 is not identifying the officers because they are undercover.
"(The detective) kicked this door open as he yelled out 'police.' As the door opened, (the detective) came face to face with a male, later identified as the deceased, armed with a shotgun. The deceased had the short-barreled shotgun in a firing position, pointed directly at (the detective's) chest," the report said. "Fearing for his own life, as well as the life of (the lieutenant), (the detective) instantly fired a shot from his duty pistol."
Tamayo was shot in the torso. The report said SAPD medics and the lieutenant treated Tamayo until EMS arrived.
"The shotgun was later examined and found to be a loaded 12 gauge shotgun with a shortened barrel," the report said.
At the time of the shooting, Chief William McManus said, "All procedures were followed."
Police said they also found drugs in the home and charged others in the home with drug possession.
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