The San Mateo County District Attorney’s Office has concluded that a Burlingame police officer acted with justifiable force when he shot and killed a 20-year-old man charging another officer with a knife in August. The department’s investigation of the incident was described in a letter made public today from District Attorney James Fox to Burlingame Police Chief Ed Wood. Two Burlingame police officers responded to 217 Myrtle Road at 8:40 p.m. on Aug. 16, when Gladys Aristondo called 911 to report that her son, Edgar, was locked in his room hitting walls, according to the district attorney’s office.Officer Dale Wild and Sgt. Jeff Downs were informed that Aristondo suffered from depression and was not taking his medication.The two officers went down a narrow pathway to a rear unit, where Aristondo came out of a dark area with a knife in his hands and clenched fists.Downs said he called out, “Man with a knife, man with a knife,” and had begun backing up when he fell and activated his Taser.Aristondo rushed at the sergeant with the knife, the district attorney’s office said, prompting Wild to shoot the suspect two times in the chest and once in the right arm.”Officer Wild stated that he saw the knife in the man’s hand and he was convinced that he was going to stab Sgt. Downs,” according to the district attorney’s report. Aristondo was pronounced dead at San Francisco General Hospital at 10:50 p.m.An autopsy conducted by the San Mateo County coroner’s office corroborated the description of events provided by the involved officers and other witnesses, and the district attorney’s office concluded that the officers’ use of lethal force was justifiable.”Therefore it is our decision that criminal proceedings are not warranted,and the case is deemed closed by this office,” Fox said.Documents related to the investigation are available for pubic review by contacting the district attorney’s office at (650) 363-4074.
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Stephan J. Dougan, Personal Injury Attorney
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