SUSPECT SHOT DEAD BY S.F. COP

Mistake made in thinking he had gun, police say

A man suspected of armed robbery was shot to death yesterday by a San
Francisco police officer who mistakenly believed the man was about to open
fire, authorities said. Arcelio Garcia Jr., 28, was shot by officer Adriano
``Andy'' Castro at 12:27 a.m. near Treat and 24th streets. Garcia was later
pronounced dead at San Francisco General Hospital. The dead man, who was
also known as Jimmy Romero, was the son of Arcelio Garcia Sr. of Daly City,
one of the founding members of the popular San Francisco- based Latin rock
band Malo.

The shooting occurred minutes after a man called 911 to report that he had
been terrorized in the area by an armed man matching the younger Garcia's
description.

Shortly afterward, Garcia and a woman apparently robbed a man at gunpoint
of his wallet, containing $48 in cash.

Officers Castro and Mario Molina, both in plainclothes and in an unmarked
car, spotted an armed man matching the suspect's description running on
23rd and Treat streets and confronted him. The woman fled and was not
arrested.

``They told him to halt and drop the weapon. They knew him by name because
of prior contacts,'' said Lieutenant David Robinson.

Garcia reportedly turned away from the officers and then began to walk away
quickly, with the officers following him in the cruiser.

``They were following him, commanding him to stop,'' Robinson said.

At 24th and Treat streets, the officers got out and once again ordered the
man to stop and put his hands up.

``He spins on them, and the officer fired,'' said Captain Kevin Dillon.
``At the moment, it appears to us, everything was appropriate.''

Police later found out that Garcia had dumped the gun he was carrying in
some bushes. A couple who saw the suspect dispose of the gun took it and
left the scene. The man who took the gun was spotted later at 21st and
Harrison streets, and the gun was recovered.

Police reports do not indicate any eyewitnesses to the shooting, although
police said they were still compiling information on the case. Dirk Ludigs,
a neighbor, said he heard one shot and then heard screaming from the man.
``We heard the guy yelling, `What's your problem?' Then we heard a second
shot. When we looked out the window, the guy was on the sidewalk, face
down.''

The dead man's sister, Yvette, said that she was trying to contact her
brother yesterday to tell him that he could enter the Victory Outreach
program just before he was killed.

Garcia had been arrested two weeks before his death on possession of crack
cocaine. He had prior convictions for strong-arm robbery, assault with a
deadly weapon and grand theft.

``He's been out of prison since December 1,'' said Garcia's sister. ``He
did 5 1/2 years, and this is the longest time he has ever stayed out.''

She said he had been working at Goodwill Industries, soliciting donations.
``He was really determined not to go back ever again,'' she said. ``He
really wanted to turn his life around, he wanted to take care of his
12-year-old daughter.''

``I was hoping to see him today, but I didn't hear from him. Today I was
going to look for him. I believe he really would have made it this time.''