Albuquerque police have shot and killed another man who they thought may have had a gun. Turns out he had a plastic cooking spoon.

Alan Gomez was holding his brother and the brother's girlfriend hostage inside her home.

"Someone is acting real crazy, my boyfriend's brother. He's in our house and he's acting real crazy. He's outside and he has a gun," a woman told 911 dispatchers.

Police got the call that Gomez was outside a home near San Mateo and Candelaria NE and shooting. One of those shots landing just feet from John Tollardo's bedroom window.

"Apparently they (police) found a bullet hole in my mailbox, and the bullet was still in there so they dug it out." Tollardo said.

He said he had never seen Gomez at the home but that Gomez's brother and girlfriend were friendly.

"They are very nice and I have never seen any problems over here," he said.

But the couple sounded afraid for their lives when they called 911 around three Tuesday morning.

"He's in and out, in and out, he won't let us move," the 911 caller said.

Police set up around the neighborhood. Officer Sean Wallace was across the street from the home. Gomez stood outside the front door to talk with officers with something in his hand.

"An item described as a dark item in one of his hands," Police Chief Ray Schultz said.

When Gomez turned to go back inside, Wallace fired his rifle.

"Officer Wallace did also have a bean bag shotgun with him, but the functionally at that distance, that's right about the maximum distance," Schultz said.

Schultz said Wallace was worried that Gomez was heading back in to harm his hostages.

When officers checked Gomez, he was holding a, "Black plastic kitchen utensil spoon in his hand," said Schultz.

Officers did find a sawed off .22-caliber rifle in a closet that they believe belonged to Gomez.

The 22-year-old was wanted on a probation violation stemming from a domestic violence conviction.

Sean Wallace, the officer who pulled the trigger, has been in the news before, a lot. This is officer Wallace's third shooting; two have ended with a suspect in a body bag.

In 2004 Wallace shot and killed an unarmed 44-year-old man in Chimayó in his pickup truck during an investigation into heroin deal.

Wallace said he was afraid the suspect was going to run over his fellow officers. The family sued and the state settled for more than $200,000.

Four years ago when Wallace was a state police officer, he was accused of bilking the state out of thousands of dollars. Investigators said he put in for pay while he was taking law enforcement classes, classes that a private security firm was also paying him to teach.

Wallace quit the state police force before he could be fired and joined APD.

Last year with APD he shot a thief who tried to break into a car at Sandia High School. The thief had climbed onto a roof of a nearby home. Officer Wallace shot and wounded the suspect as he pointed a gun at his own head.