Cardenas, a 43 y/o father of five, was shot in the back while fleeing from plainclothes narcotics officers who mistook him for a wanted drug dealer. After a high speed chase, Cardenas ran down an alley, jumped a chain linked fence and continued running. Undercover agent Mike Walker of the CA Bureau of Narcotics Enforcement, followed behind with his gun drawn, and fired twice through the fence, hitting Cardenas with both shots. Cardenas, who was completely innocent of any crime, didn't realize Walker was a cop. The agent claimed self-defense, insisting he saw a gun in Cardenas' hands. He was not armed, though police say they found an unopened, 3-inch knife, inside Cardenas' pocket.

The Cardenas family has filed a wrongful death suit which is still pending.

Family members and supporters will gather at 6:30 pm tonight in San Jose, to honor Rudy and remember all those who've been wrongfully killed by police. The vigil takes place at Fourth St. & St. Jammes Place, the scene where Rudy was killed.