Fallon remains a controversial figure in San Jose's history, owing to his role in the American Conquest of California.

When the Mexican–American War began in California with Commodore John D. Sloat's capture of Monterey on July 7, Fallon's force crossed the Santa Cruz Mountains to capture the El Pueblo de San José de Guadalupe (now the City of San José) without bloodshed, on July 11.

On July 14, 1846 he received an American Flag from Sloat, which he raised over the juzgado of San Jose, the pueblo's administrative building.

After the war, Fallon returned briefly to San Jose, then back to Santa Cruz where he established a business as a saddler.

The statue was stored until 2002, when it was finally displayed in Pellier Park northwest of the original proposed location, near Julian and St. James Streets.

[4] In 2020, such criticisms were revived in the aftermath to the murder of George Floyd and more specifically to the grand jury's decision over the shooting of Breonna Taylor.

[5] On the day of the grand jury's decision and following evening, peaceful protests occurred in San Jose around the same area where the statue is located.