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weapon was pellet gun 08/20/10 6:30pm TDH

a firearm wielded by a man who was shot to death in the santa clara county wilderness has been confirmed to be a pellet gun.    authorities were conducting a marijuana-eradication operation last month, near the n3-cattle ranch.   they encountered 28-year-old jose penaloza-soto, who reportedly brandished what appeared to be a hunting rifle.  the gun was in fact a pellet gun, however authorities shot and killed penaloza-soto when he refused to drop the weapon.     marijuana-eradication operations have been halted in the area, until the investigation is complete.

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