Police Had Been Pursuing Man Shot by Officer : Investigation: Authorities had responded to a call when they saw the 18-year-old who was fatally wounded in a scuffle early Sunday.

An 18-year-old man who was fatally shot by a police officer in a back-yard scuffle Sunday was being sought by police after he reportedly had an argument with two residents in front of a nearby house, police said Monday.

The officer who struggled with and shot Jose Javier Muniz was one of two who had answered a call to police about an argument at 4 a.m. in the front yard of a home in the 3600 block of Sunswept Avenue. Residents there told investigators that they had been arguing with Muniz but that he had left before police arrived that morning, said Lt. Robert Helton, a spokesman for Santa Ana police.

The two officers were leaving the neighborhood when they saw Muniz on Gunther Street, between Sunswept and Morningside avenues, Helton said. They called to him but he jumped a fence into a back yard in the 3600 block of Washington Avenue, where he struggled with one of the officers and was fatally shot about 4:30 a.m.

Witnesses at the house where Muniz was shot were puzzled as to why the officer, whose name was not released by police, fired three shots to subdue Muniz. Witnesses said the officer and Muniz were wrestling on the ground when the gun went off. Muniz was struck twice and died at UCI Medical Center in Orange about 90 minutes later.

Police guidelines say officers can use firearms for self-defense, to defend others or to prevent the escape of a violent felon.

Helton declined to say which category the shooting fits or whether Muniz had a weapon, noting that the Police Department and the Orange County district attorney’s office are investigating the case. The district attorney’s office routinely investigates all officer-involved shootings.

Judy Eaddy, 18, said Muniz had been with her and her husband Saturday night at a party in Santa Ana.

“We were coming out of the party and other people threw bricks at our car,” she said. “Jose said, ‘I know those guys and I want to go back.’ We told him to forget it but he jumped into another car.”

The Eaddys drove home, but said Muniz apparently went looking for the people who accosted them as the three were driving away from the party. The Eaddys surmised that Muniz found the people and was arguing with them on Sunswept Avenue when police were called.

Joseph Carvalho, who lives on Sunswept, said his son, Dwight, called police after hearing voices of men yelling in the neighbor’s yard.

“My son told me that he was sleeping in the front side of our house and he heard dogs barking,” Carvalho said. “He went outside and saw a couple of guys arguing and shoving each other and there was a girl involved.

“My son doesn’t want any kind of incident around here so he called 911. Actually, he was surprised the response time was so short.”

Carvalho was not sure if his son knew Muniz.

Muniz was recently released from Juvenile Hall after being taken in custody for violating parole on a car-theft case, according to his mother, Maria Luisa Muniz. He had returned to Horizon Continuation School and was scheduled to receive his diploma next month.

Santa Ana Police Firearm Policy

The decision of an officer to use a firearm is limited to the facts known or perceived by the officer at the time the decision is made to use such force. There are three types of circumstances where a firearm may be used as deadly force.

1. Self-defense

2. Defense of others

A firearm may be used to prevent the death or serious bodily injury to the officer or any other person.

3. To prevent the escape of a violent felon

A firearm may be used to prevent the escape of a violent felony suspect where the suspect has failed to yield to any type of reasonable warning or physical apprehension, and the officer reasonably believes that the escape will pose an immediate and significant threat of death or serious physical injury to that officer or other persons.

Source: Santa Ana Police Department