A Sunnyvale Department of Public Safety officer last year lawfully shot and killed a half-naked man who was rushing at him with a kitchen knife, the Santa Clara County District Attorney’s Office has determined.
Prosecutors said police had responded to a North Sunnyvale neighborhood after a 911 call came in saying there was a man walking with a 12-inch knife. Wearing only a shirt, police said Emmanuel Perez-Becerra had made the call himself.
Perez-Becerra refused orders from officers to drop the knife and ignored a warning that he would be shot. Despite efforts by officers to avoid the use of force by maintaining a safe distance from him, Perez-Becerra advanced quickly toward Sunnyvale Officer Kevin Lemos. The officer then fired two rounds from his department-issued handgun. Both bullets struck Perez-Becerra in the chest, killing him.
The report, authored by Deputy District Attorney Rob Baker, concluded: “This incident is unquestionably heartbreaking for both the officer and the decedent’s family. The evidence strongly suggests that Perez-Becerra may have committed ‘suicide by cop’ due to a years-long battle with depression and schizophrenia. His own actions and behavior, however, placed Officer Lemos, in the words of an independent bystander, ‘no choice’ but to use lethal force.”
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 23, 2024, 19-year-old Perez-Becerra had called 911 telling police there was a man walking through his neighborhood openly displaying a large kitchen knife.
Lemos arrived and reported that he saw Perez-Becerra shortly after 5:30 p.m. near the intersection of Calle Alicia and Calle Anita. A police body cam video showed that Perez-Becerra was holding a large knife in his left hand and his genitals were exposed because he was not wearing any pants or underwear.
The officer initially stayed in his patrol vehicle and ordered Perez-Becerra to “drop the knife” using his vehicle’s PA system. Perez-Becerra did not respond and continued walking away from him northbound on Calle Alicia.
Since Perez-Becerra was not responding to his commands over the PA, Officer Lemos exited his patrol car, drew his firearm, aimed it in the direction of Perez-Becerra, and ordered him to, “Drop the knife.”
Officer Lemos was asked why he exited his vehicle to follow Perez-Becerra. The officer explained that Perez-Becerra was not responding to commands over the PA to drop the knife and was walking away from him. Consequently, Officer Lemos wanted to “keep eyes on” this man he believed was a danger to the neighborhood residents. He explained that based on the day and time, it would have been common for adults and children to be out and about in the area.
The autopsy report noted Perez-Becerra was diagnosed with depression and schizophrenia in March of 2023, following six years of suicidal ideation. He was also subjected to both voluntary and involuntary Emergency Psychiatric Services holds at least twice in the two years leading up to the officer-involved incident.
Sunnyvale body cam video of fatal shooting of suspect.