A “person of interest” in a California homicide case was unarmed when he was shot and killed by San Jose cops last week, the department said.

David Lee Tovar, 27, was running from police on Thursday when cops said he reached for his waistband and police opened fire, acting San Jose Police Chief David Tindall told KTVU-TV.

The object turned out to be a cellphone.

Tindall said Tovar’s alleged history of violence — including a suspected homicide and two shootings — left the cops little choice.

The chief said the officers “gave him multiple commands to show his hands,” but he didn’t.

“Perceiving an immediate threat, three officers fired their department-issued rifles at Tovar,” Tindall said.

Tovar was taken to a local hospital where he was later pronounced dead, KTVU reported.

The encounter at the Villa Fairlane apartments in the California city came after a 10-month investigation — and more than one instance of Tovar fleeing police.

The suspected gang member last eluded police on Jan. 14, when he got away after trying to hit squad cars with his vehicle before speeding off.

Nonetheless, community organizer Rose Chavez, an activist with the Silicon Valley De-Bug, questioned the cops’ use of deadly force.

“I get the fact that he was known to commit crimes but that is exactly why we have a criminal justice system,” Chavez said. “He was killed before he had a chance to be proven guilty or innocent.”

Tindall said the officers wore bodycams and that the footage will be released within the next 30 to 45 days. He did not say if the officers were reassigned.