What began as an act of courage inside a late-night taqueria may soon end with an $8 million reckoning for the city of San Jose. Nearly three years after college football player K’aun Green was shot four times by a San Jose police officer, city officials are poised to approve a settlement that would rank as the second-largest police payout in San Jose history. The recommendation, expected to go before the City Council on January 13, reflects both the severity of Green’s injuries and the troubling conduct later uncovered about the officer who shot him.
Green’s civil rights attorney, Adante Pointer, emphasizes the significance of this case, stating, “This is a young man that deserves every penny that San Jose is finally coughing up.” Pointer points out that this incident starkly illustrates how even when individuals strive to act rightly, they can face dire consequences when law enforcement arrives with weapons drawn.
The incident occurred on March 27, 2022, outside La Victoria Taqueria, where police were responding to reports of a nearby homicide. Former officer Mark McNamara confronted Green as he exited the restaurant, gun in hand. Body-worn and surveillance footage later revealed that during a brawl inside the taqueria, Green had taken the weapon from another individual and was attempting to leave when McNamara fired four shots, striking him in the stomach, arm, and knee. Fortunately, while the shots inflicted serious injuries, they did not shatter bones or cause catastrophic damage to critical muscles. Notably, police later acknowledged that the homicide they were investigating had no connection to the events at La Victoria.
Despite several other officers being present, McNamara was the sole officer who discharged his firearm during the encounter. Pointer reflects on the situation, remarking, “Sometimes you’re doing nothing more than being a good guy, and you can still wind up being shot by a police officer, no matter what you do.” This tragic narrative underscores the heavy burden placed on individuals who are merely trying to navigate complex and dangerous situations.
The legal proceedings surrounding the case have unfolded over several years, during which the city consistently refused to reach a settlement. Attorneys representing McNamara and the city maintained that the officer was protected by qualified immunity, even taking this argument to the Ninth Circuit Court of Appeals as recently as March 2025. However, the case shifted dramatically in 2023 when San Jose’s police chief revealed that McNamara had sent racist text messages, some of which referenced Green, leading to the officer’s resignation and the dismissal of multiple cases he had previously worked on. The city attorney noted that these revelations would likely weigh heavily on a jury’s perception of the case.
City Attorney Susana Alcala Wood explained the basis for the proposed settlement, stating that the amount reflects the “inherent risks of litigation,” particularly concerning the officer’s “reprehensible statements evidencing racial animus.” She highlighted the injuries Green sustained and the obligation the city would have to cover legal fees if a jury ruled in his favor.
A settlement conference took place in mid-November, and just last week, a federal judge dismissed Green’s excessive force lawsuit, paving the way for the potential agreement. The San Jose Police Department has opted not to comment on the situation.
If the settlement is approved, the $8 million payout would make it the second-largest police settlement in San Jose’s history, following the $11.3 million paid to Hung Lam, who was paralyzed after being shot by police in 2014.
For K’aun Green, now 24, the financial settlement symbolizes more than just compensation; it represents the conclusion of a lengthy battle to restore his reputation. He is currently on a full scholarship at the University of Arkansas at Pine Bluff and is set to become the first college graduate in his family. Pointer expressed surprise at how long the process has taken, stating, “They shouldn’t have made this young man fight for all these years to first clear his good name.”
While the city has yet to issue an apology, the anticipated $8 million settlement appears to be a turning point for San Jose, a moment at which the city is finally prepared to reckon with the consequences of a split-second decision that irrevocably changed a young man’s life.