DA clears San Jose officers in fatal shooting after child's killing
Jul 23, 2026
Santa Clara County prosecutors have ruled that two police officers acted lawfully when they fatally shot a Fremont man who charged at them with a knife moments after he killed his 9-year-old son in a San Jose park last summer.
The Santa Clara County District Attorney’s Office’s investigation
found the officers reasonably believed they and others faced an imminent threat when Mateusz Dzierbun, 48, ran toward them with a knife raised over his head at Cataldi Park on July 13, 2025.
“The officers were confronted with an extraordinarily dangerous and rapidly evolving situation,” the District Attorney’s report read. “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.”
According to the report, Dzierbun called 911 at 3:23 p.m. and initially claimed another man had stabbed his son before later telling the dispatcher that he had killed the child, saying, “They were going to torture him… I had to do it.”
When Officers Eduardo Eyer and Kevin McAlindon arrived about eight minutes later, they found Dzierbun sitting on the grass about 50 feet from his son’s body while holding a knife. The officers repeatedly ordered him to drop the weapon so they could reach the injured child.
Instead, Dzierbun told officers, “I am armed, and one of you guys is going to kill me today. I don’t want to traumatize you.” He later added, “Whoever killed someone before needs to be here.”
As Officer McAlindon moved to retrieve a stun gun, Dzierbun warned, “If you get the stun bag, I’m going to get up and charge this guy,” according to the report.
Body-worn camera footage reviewed by prosecutors showed Dzierbun then stood, raised the knife above his head and ran toward the officers. Sgt. Joel Casey and Officer Eyer opened fire, striking him 14 times.
According to the report, Officer Eyer later said, “I need to save myself and my partners here… I wanted to save that kid.”
When officers reached the child, they found he had already died from his injuries.
The fatal stabbing and police shooting unfolded while a group nearby was taking pickleball lessons, according to the report.
San Jose Police Chief Paul Joseph previously said investigators believed Dzierbun intended to die in a “suicide by cop.”
...read more
read less