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Calif. Officers Cleared In Fatal Shooting of Mentally Ill Man

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.

October 2, 2013

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 .

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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.