SAN JOSE -- A 22-year-old man has been identified as the person shot and killed last week by a resident who, in claiming self-defense, said he was first fired upon by two men breaking into his home in the East San Jose foothills, police said.

The resident was interviewed by the San Jose Police Department following the Thursday night shootout that wounded at least two men, among them San Jose resident James Zamudio, who died from his wounds.

The resident believed to have shot Zamudio was released after talking to detectives; his identity has not been released because thus far he is not suspected of a crime. Still, the SJPD is investigating the shooting as the city's eighth homicide of the year.

Even if it is declared a justifiable homicide, it will still figure into the department's homicide tally, police spokesman Officer Albert Morales said. That puts it numerically at odds with the FBI, which when culling national homicide statistics does not count self-defense killings and vehicle deaths that local agencies deem homicides.

According to police and witnesses, shots rang out around 8 a.m. Thursday on Pine Ridge Way off Clayton Road. A resident called 911 and reported that two men were trying to break into his home and shot at him, prompting him to grab a gun of his own and return fire. Witnesses said they saw two men getting into a car and speeding away.


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A short time later, a man with at least one gunshot wound showed up at a local hospital, where he was pronounced dead. He has since been identified as Zamudio.

Within the same time frame, law enforcement sources say a second man believed to have been with Zamudio at the shooting was identified and taken to the hospital with gunshot injuries. Police have not formally confirmed this.

Anyone with information about the case can contact police at 408-277-5283 or leave a tip with Silicon Valley Crime Stoppers at 408-947-STOP (7867) or with svcrimestoppers.org.

Contact Robert Salonga at 408-920-5002. Follow him at Twitter.com/robertsalonga.