27-year-old Gilbert Ray Galan faces charges of vandalism under PC 594 (a)(b)(1) and resisting arrest under PC 148 (a)(1). During his detainment by officers, a records check revealed that Galan was currently on parole for a previous conviction in which he was found guilty of assault with a deadly weapon, under PC 245 (A) (1). He had been arrested in January for assault, battery and threats of violence at his residence on El Zuparko Drive. Likely as a result, he is now listed as homeless.
On Monday, April 7, Galan had gone to visit his ex-girlfriend after work, just after 9 pm. However, she did not want to talk to or hang out with him. Galan could see that she was ignoring his phone calls, as he watched her mop the floor in the restaurant through the door and windows of Baja Fresh, located at 121 Bernal Road, in San Jose. He became increasingly agitated, and threw a 40 oz. beer bottle, which prompted the store manager to call police. The manager told Galan that he was calling the police and that he should leave. This only seemed to egg Galan on, as he caught his ex flipping him off. She said that she could tell he had been drinking and had asked him to wait outside. That is when he kept calling her cell phone, but she did not want to answer.
Growing angrier at being ignored, he began to bang on the doors and windows of the restaurant. Galan, then in a fit of rage, took a cement man-hole cover and tossed it through the front door, breaking the glass. He entered the store, taking the mop wringer handle and began pacing back and forth, looking for the manager. The manager told SJPD Officers Galan was “Mean Mugging him before he broke down the door.” After Galan broke the door, the manager ran into the office and locked himself in. He felt that his life was in danger and waited for police to arrive. He said he could hear Galan saying, “Where the [deleted] is he, where the [deleted] is he at”.
Once Galan was unable to find anyone inside the restaurant, he left, dropping the mop wringer handle outside. When SJPD Officers arrived they were unable to see Galan. Officers, seeing the damage, began to look for the suspect in the surrounding area. A male fitting Galan’s description was seen in the back of the Taco Bell located at 170 Bernal Road. Once an officer had found Galan, he started to question him. However, sensing he was about to be arrested, Galan began to run and broke free of the officer’s attempt to restrain him.
Galan ran towards the back of the restaurant where he attempted to escape, only to be blocked by a fence. He turned and faced the officer chasing him. The officer feeling threatened by Galan deployed his TASER to subdue him. Galan told the officer, “Ok, Ok you got me, I won’t resist”. The TASER was deployed once. Following procedure SJPD officers called paramedics, who took Galan to the Santa Teresa Kaiser Hospital for medical care. Galan was booked into the Santa Clara Main Jail on a parole hold and for the new offense. Galan’s next court date has been scheduled for April 28, 2014 at 9:00 am in Dept. 34. He may have found a temporary home at the jail for a considerable time.