The coroner is still working to identify the victim. Police said he did not have ID on him, but he was wearing a bracelet or ankle bracelet that might provide clues. The people who found the victim don't know who he is, but won't soon forget him.
There are bullet holes in the fence marking the spot where a man was shot and killed on East San Antonio Street in San Jose. Martin Hernandez was asleep inside and heard the shots, he thought it was fireworks. Just before 1:30 this morning, his wife returning from work, made the awful discovery in their front yard.
"My wife got home and saw the guy who was dead and she thought it was me," said Hernandez.
She went inside to find Hernandez and check on their young children.
"She was scared, so I went outside and looked at the body -- I don't know who the guy is," said Hernandez.
Police canvassed the neighborhood, but say no one here has reported anyone missing.
It's a violent start to 2014 and San Jose is coming off a record stretch. For the first time in two decades, the city has had more than 40 homicides a year for three years in a row.
"Unfortunately, we have had 40 homicides for the last three years, but again it's not an indication as a city of our violence. I think that a more accurate depiction of any city is our aggravated assaults. And again with the aggravated assaults we have seen a slight reduction in those crimes as well," said San Jose Police Dept. Spokesman Albert Morales.
Police have not identified any suspects or a motive in this killing, but say there are gang hot spots in this area. Hernandez would prefer to stay put, but says his wife wants to move.
"This all here is my life, but for my family, whatever I have to do," said Hernandez.
Investigators hope people with information will come forward -- they expect to get more help once they ID the victim. Right now, all we know is man in his late 20s or early 30s. If you know anything, call police.