The Gilroy Garlic Festival gunman killed himself, the county medical examiner concluded Friday, contradicting an earlier police account that three officers had shot him dead within a minute.
The autopsy showed specifically that Legan died from a self-inflicted gunshot fired into his mouth, said Cindy Gallego, a spokeswoman for the Santa Clara County coroner's office.
Smithee said he was "a little surprised" to hear that Legan had shot himself.
Smithee says Legan was hit by bullets fired from three officers, who responded to the shooting within a minute, but they did not fire the fatal shot.
Police and FBI investigators believe Legan acted alone but have yet to determine his motive.
Legan was shot "multiple times", Smithee said, falling to his knees and then to the ground - where "he was able to get a round off", the chief said.
Three people attending the festival were killed, including a 6-year-old boy and 13-year-old girl, and a dozen others were injured, some seriously. Federal investigators and FBI profilers from around the country have been brought into assist in the investigation, special agent-in-charge John Bennett said - but they have still yet to figure out a motive. The officers got there fast, they engaged him fast, they drew his fire, they eliminated the threat. "Whether he fired that final shot, in my mind, changes nothing".
The three victims who died have been identified as 6-year-old Stephen Romero and 13-year-old Keyla Salazar, of San Jose, and 25-year-old Trevor Irby, who had recently moved to Santa Cruz from upstate NY.
At a hastily-called press conference at the Gilroy police headquarters, he offered more details about the July 28 shooting.
Police and FBI on Friday continued their investigation of the crime scene and of materials obtained from search warrants in Gilroy and Nevada. Shortly before the attack, he promoted on Instagram a 19th century screed often championed by white supremacists, and used a slur to refer to mixed-race people.
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