​FROM:
Jeffrey F. Rosen, District Attorney

CONTACT PERSON:
Jeffrey F. Rosen, District Attorney
(408) 299-7400   For release on June 3, 2011     DISTRICT ATTORNEY DETERMINES FATAL OFFICER INVOLVED SHOOTING IN SAN JOSE WAS LEGALLY JUSTIFIED   The Santa Clara County District Attorney’s Office has completed its review of the officer-involved fatal shooting of Brian Casey, 42, of San Jose. Senior prosecutors, including District Attorney Jeff Rosen, carefully reviewed the entire investigation of Mr. Casey’s fatal shooting on August 29, 2010 by San Jose Police Officers James Mason, Matthew Blackerby, and Mark Palfalvi.   The use of deadly force by Officers Mason, Blackerby and Palfalvi was in response to Mr. Casey’s threat of immediate great bodily injury against them. In short, the officers used deadly force against Mr. Casey as he came at them with a ten inch knife, saying “You better kill me.”   Attached is a detailed report prepared by the District Attorney’s Office that describes the underlying facts, sets out the applicable law, and explains why the officers’ actions were legally justified. Sadly, Mr. Casey was intent on causing his own death even if he had to threaten the officers with a knife to accomplish this end.   The attached report signifies a change in how the District Attorney’s Office will handle incidents where officers use lethal force. These incidents will no longer be reviewed by a grand jury. Instead, the District Attorney’s Office will decide whether to file charges against the officers, as the Office does in all other criminal investigations. The District Attorney’s Office will then release to the public a detailed report that describes the underlying facts, sets out the applicable law, and explains the Office’s charging decision.   ### Attachments

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