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Officer Cleared in Fatal Shooting After Intense 30-Minute Gunfight

UPDATE: A South San Francisco police officer has been cleared of criminal liability in the fatal shooting of 60-year-old Brian Joseph Montana during a violent gunfight on April 28. This decision follows a harrowing incident where Montana, armed and dangerous, engaged in a nearly 30-minute battle with police, firing a staggering 63 shots at officers and threatening his neighbors.

The San Mateo County District Attorney’s Office released a report confirming Officer Jeffrey Lee acted in self-defense and to protect innocent lives. District Attorney Steve Wagstaffe commended Lee for his bravery, stating, “Officer Lee’s willingness to expose himself to repeated gunshots…may have saved lives.”

The chaotic events unfolded shortly before 6 p.m. on Arroyo Drive when Montana, upset over lawn debris from his neighbors, threatened to kill them. After brandishing a handgun, he shot through their front door, injuring one neighbor. Law enforcement arrived shortly after, only to be met with a barrage of bullets from Montana, who was armed with multiple firearms.

According to the report, Montana’s violent outburst began with him revving his car engine for 30 minutes, escalating to him pointing a gun at a neighbor and attempting to force his way into their home. Officers were forced to take cover behind police vehicles as Montana fired at them, prompting a tense standoff that required the deployment of a drone for surveillance.

As the standoff continued, Officer Lee moved an armored van into position, receiving orders from Captain Ken Chetcuti to engage Montana if a clear shot presented itself. At 6:20 p.m., Lee fired three rounds from his AR-15 rifle, hitting Montana in the torso. Despite being injured, Montana attempted to use his weapons before ultimately succumbing to his injuries.

The police recovered a cache of firearms at the scene, including a loaded Winchester 12-gauge shotgun and two semi-automatic handguns. An autopsy revealed Montana had a blood-alcohol level of 0.153%, nearly twice the legal limit for driving, and had consumed prescription drugs prior to the incident.

Authorities emphasize that despite the extreme danger presented by Montana’s actions, Officer Lee’s response was deemed “objectively reasonable” under the circumstances. The report highlighted the restraint shown by responding officers, noting that only two fired back during the prolonged shootout.

As the community processes this incident, further discussions on police conduct and community safety are expected. This developing story underscores the complex dynamics of law enforcement engagement in high-stakes situations, raising questions about mental health and gun violence in neighborhoods.

Stay tuned for the latest updates as this story unfolds.

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