San Jose Police Officer Erin Allen filed a civil lawsuit after she suffered a gunshot wound to her abdomen after she and her partner responded to a domestic violence call.
On August 16, 2023, Officer Erin Allen and her partner responded to a domestic violence call at a condo-complex in the City of San Jose. What they did not know was an armed recidivist criminal and convicted felon was lying in wait and would ultimately ambush them. Recidivist criminal and convicted felon Gabriel Mario Carreras shot Officer Allen in the abdomen outside of her bulletproof vest. Her partner dragged her to safety before she was rushed to Santa Clara Valley Medical Center where she was hospitalized in critical condition.
Carreras was later found guilty of attempted murder for his actions as well as two counts of shooting in an inhabited dwelling, misdemeanor assault, and several other crimes. His crimes were so severe that he received sentencing enhancements for his use of a gun. Carreras’ wife had called police initially because she said he was attacking her and trying to force her to get an abortion. After police arrived and Carreras opened fire, a four-hour standoff ensued.
Thankfully no one was killed, but Officer Allen’s life would never be the same.
As a result of the gunshot wound, she suffered injuries to her intestine, colon, liver, and gallbladder, as well as a spinal fracture and severed ureter, which had to be repaired with a stent. She spent nine weeks in the hospital, undergoing approximately six major surgeries.
Mark Peacock of Peacock Law Group has filed the lawsuit on behalf of Officer Allen and her husband alleging the owners of the condo complex, Anthony W. Lee, Patricia Reiko Ikeda and the Lee and Ikeda Family Trust were negligent in managing their premises.
“Officer Allen deserved better,” said attorney Mark Peacock. “Officer Erin Allen was ambushed and nearly killed in an act of calculated violence carried out by a convicted criminal — but the blame does not stop with the shooter. The owners of the condominium where this attack took place must be held fully accountable for their failure to act, their failure to secure the property, and their reckless disregard for the safety of others. Their negligence created the conditions that allowed a violent offender to carry out this heinous act. Officer Allen was fulfilling her sworn duty to protect the public — and she was met with a trap. We will not rest until every responsible party is brought to justice. Anything less would be an insult to her sacrifice and to the oath she took to serve.”
“This tragedy was preventable. The property owners created and allowed dangerous conditions that turned these condos into a haven for violence. By ignoring basic safety and security measures, they put every resident — and ultimately Officer Erin Allen — in harm’s way. Landlords have a duty to protect their tenants and the public, and when they fail, they must be held accountable,” said attorney Paul Goyette.
The case is Erin Allen v. Anthony W. Lee, Patricia Reiko Ikeda, the Lee and Ikeda Family Trust, Maricela Vazquez Contreras, Santa Clara Superior Court, Case No. 25CV472076.
