A federal judge has cleared several San Jose Police officers who shot and killed a mentally ill man in his back yard after he had slashed his brother's throat, reports the Mercury News.

Daniel Pham, 27, died in the May 2009 standoff with officers who had responded to the family's home. The family filed a federal civil rights lawsuit against the officers, claiming they provoked Pham by jumping a backyard fence instead of calling for an officer trained to deal with mentally ill subjects.

A grand jury cleared the officers and on Monday Judge Edward Davila agreed that the officers were justified in using deadly force due to their fear that Pham would re-enter the home and stab the brother's girlfriend.

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