A police investigation alleges that Bert McElhaney shot a man he thought was breaking into his home.
SAN JOSE — An 84-year-old man has been charged with murder on allegations that he fatally shot a neighbor he believed was breaking into his home, a notion that the defendant’s own relative rejected, according to authorities.
McElhaney — whose name is spelled “McElhany” in court and jail records — was 83 when the shooting occurred, and he turned 84 on Wednesday in the Santa Clara County Main Jail, where he is being held without bail.to the mobile home park and found 63-year-old Gerald Robert Cis slumped over in the driver’s seat of a vehicle, with two bullet wounds in his torso and neck. Cis was pronounced dead at the scene. The shooting marked the city’s 21st homicide of the year.
The neighbor reported that she heard two “pops,” looked out the window and saw McElhaney standing near the driver’s door of Cis’ vehicle. McElhaney appeared to talk to Cis before he walked back to his home.
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