SANTA CLARA COUNTY, Calif. - The San Jose police officer who shot and killed a mentally ill, heavily armed man in 2025 acted lawfully, the Santa Clara County District Attorney’s Office announced on Wednesday.
The ruling stems from a July incident in which officers were called to a home in San Jose by the parents of Karim Khan, a 37-year–old man who was reportedly being violent. Khan’s autopsy showed he had been shot five times.
The officer who fired the shots, Sebastian Wisniewski, has been cleared of any wrongdoing.
Khan had previously been diagnosed with schizophrenia.
Called to the scene
The backstory:
Khan's parents reported he was unarmed, but upon arriving, officers found he had armed himself with a pump action shotgun, a bolt-action rifle, a revolver, and a semi-automatic pistol, along with more than 50 rounds of ammunition, according to a press release from the District Attorney’s office.
Responding officers reportedly conferred with Khan’s parents in the driveway of their home on Recife Way, then entered the backyard to speak with Khan.
Four officers entered the yard and approached Khan, who drew a rifle and pointed it at them, at which point they retreated to the front yard.
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San Jose police kill man with what appeared to be 'multiple firearms' following family disturbance
San Jose police shot and killed a man they said "appeared to be armed with multiple firearms" when they were called out Sunday afternoon to a "family disturbance."
They spoke with Khan over the phone for 10 minutes, trying to get him to drop his weapon and exit the backyard unarmed.
"I know this is not going to end well for me… I have no intention of backing down," Khan told police, according to the DA’s office.
Upon being asked what kind of weapon he was carrying, Khan reportedly told officers, "You’ll find out soon enough."
Escalation
Dig deeper:
Shortly after the call ended, Khan fired a shot in the officers’ direction, striking a police vehicle parked about four feet from where the officers were standing.
Khan jumped over the backyard fence into a neighboring property, where officers were stationed. Body camera footage shows Khan and Officer Wisniewski firing almost simultaneously.
The officers told Khan to stop moving, the release states, but he did not comply. Wisniewski, a firearms instructor and former marine, fired multiple shots while telling Khan to stop moving, resulting in Khan’s death.
"For decades, Khan’s parents provided their son with a robust and caring support system. Unfortunately, the evidence suggests Khan still struggled, independently acquiring firearms and eventually creating an armed confrontation with law enforcement," the District Attorney’s office stated in a release. "His conduct that afternoon placed the officers in an impossible situation that required lethal force in self-defense."
The Source: Santa Clara County District Attorney's Office, previous KTVU reporting