Santa Clara DA rules officers who shot, killed knife-wielding man acted lawfully
Mateusz Dzierbun, 48, shot & killed by @SanJosePD after he fatally stabs his
SAN JOSE, Calif. - The Santa Clara County District Attorney’s office ruled on Wednesday that two officers who shot and killed a knife-wielding man in 2025 acted lawfully.
The officers shot and killed 48-year-old Mateusz Dzierbun 14 times after he charged them with a knife. The officers had responded to a call placed by Dzierbun, reporting that his nine-year-old son had been stabbed.
Dzierbun, in the 911 call, said his son was dead, and at first reported that another man had stabbed the child, then later admitted he had killed his child, telling dispatch, "They were going to torture him… I had to do it."
Man fatally stabs son, 9, then lures San Jose police to park in 'suicide by cop,' chief says
San Jose police shot and killed a man after he fatally stabbed his 9-year-old son. The suspect called 911, falsely stating someone else had killed the child and intended for officers to kill him, the chief says.
The backstory:
Officers Eduardo Eyer and Kevin McAlindon arrived at Cataldi Park at 3:31 p.m. on July 13 of last year. Dzierbun was seated on the grass, near his son’s body, about 50 feet away from the officers.
A report from the Santa Clara County District Attorney’s office states he made comments that suggested he was provoking a lethal response.
"Listen to me very carefully. I am armed, and one of you guys is going to kill me today. I don’t want to traumatize you," Dzierbun reportedly said. "I don’t want to traumatize anyone here… so listen to me carefully, whoever killed someone before needs to be here."
Dzierbun, with the knife held above his head, charged the officers, who responded by opening fire. An autopsy later showed Dzierbun had been shot 14 times in the head, neck and torso. There was no presence of controlled substances or alcohol in his blood.
What they're saying:
"The officers were confronted with an extraordinarily dangerous and rapidly evolving situation," the District Attorney’s report states. "The evidence before them indicated only two possibilities: either Dzierbun had already murdered his son, demonstrating his homicidal intent, or the child had been stabbed by Dzierbun and required immediate lifesaving aid."
Upon investigating the scene, the responding officers determined Dzierbun’s son James had died of his wounds. An autopsy later determined he had been stabbed multiple times in the neck and torso. A blood test showed the presence of Trazodone, an anti-depressant, in his system.
Full presser: Man stabbed son to death before killed by police in San Jose
Authorities said a man who was shot and killed by San Jose police had just stabbed his son to death.
The Source: Santa Clara County District Attorney's Office, Previous KTVU reporting