District attorney concludes officer involved in fatal South City shooting acted legally

The individual who was shot, Brian Montana, was upset because he believed that his next-door neighbors allowed their lawn trimmings to blow into his yard, pointing a handgun at one neighbor and eventually shooting through their front door as they ran for cover, according to the investigation completed by the DA’s office.

The neighbors called the police, who arrived at the scene around 5:55 p.m. Throughout the duration of the incident, Montana fired 63 rounds total from multiple weapons at officers on-scene, a report of the investigation said.

Upon the direction of Capt. Ken Chetcuti, Officer Jeffery Lee fired back at Montana in response. Montana succumbed from his injuries despite life-saving measures deployed by officers after he was nonresponsive, the DA’s Office said.

The investigation completed by the DA’s Office found that Lee acted in self-defense and defense of others. San Mateo County District Attorney Steve Wagstaffe said in the conclusion of the report that the situation was exacerbated by Montana ignoring commands to drop his weapon and continuing to shoot at them.

“I find that Officer Lee’s belief in the need for immediate use of lethal force to defend against an imminent threat of death or great bodily injury by Mr. Montana reasonable based on the totality of the circumstances,” Wagstaffe said in the report.

The way that the officers involved dealt with the incident was “superb,” Wagstaffe said, commending Lee’s decision to put himself into the potential line of fire to defend fellow officers and the community.

“The lives of citizens living in the area of the shooting and your officers were all put at great risk but the conduct of Mr. Montana,” Wagstaffe said. “Lee’s willingness to expose himself to repeated gunshots and his expert marksmanship put an end to the danger and may have saved lives of innocent victims.”

In May, another man was shot and killed by South City police officers after allegedly pointing a fake gun at law enforcement, making it the city’s second officer-involved shooting in less than three weeks. The San Mateo County District Attorney’s Office will not handle the case, as the California Department of Justice handles officer shootings that involve unarmed suspects.