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The attorney representing one of the Menlo Park police officers involved in Tuesday’s fatal shooting said the officer returned fire after the suspect allegedly drew a gun.

Jerry Lee Matheny, 52, has been identified by the county coroner’s office as the man who was shot and killed by Menlo Park police during a pursuit on Nov. 11 on Willow Road, near Willow Place, at about 12:50 p.m.

Attorney Alison Berry Wilkinson, who is representing the police sergeant involved in the shooting, told the Almanac on Thursday (Nov. 13) that the officer had joined others in the foot pursuit along Willow Road and initially reached for his baton.

“As the sergeant was reaching for his baton, he saw the subject reach for his waistband, pull a gun and point it at the sergeant with a menacing look on his face,” Ms. Wilkinson said. “As he saw the suspect’s gun and heard a shot fired, the sergeant transitioned from reaching for his baton to pulling out his duty weapon, and returned fire.”

Menlo Park Police Chief Robert Jonsen said that video footage of the shooting from the cameras worn by the officers will be given to the District Attorney’s Office for review, but not released to the public. The police officers involved in the shooting are on paid leave until the review is finished, he said.

Mr. Matheny, a resident of Nuevo in Riverside County, was reportedly wanted by the state for violating parole, according to law enforcement sources. The California Department of Corrections and Rehabilitation issued a warrant for him on July 22 related to possession of a controlled substance. He remained at large before Nov. 11.

He was also a suspect in other burglaries along the Peninsula, according to police. District Attorney Steve Wagstaffe told the Almanac that his office had filed a felony case out of San Mateo for two counts of commercial burglary and one count of identity theft against Mr. Matheny on Oct. 21, which was pending on the issuance of an arrest warrant by a judge, he said.

A witness at the scene of the shooting who didn’t want to be identified said a woman employed at a Willow area business alerted police upon spotting a man who resembled a burglary suspect pictured on a flier distributed by her landlord to commercial tenants.

Officers responded and “found a male suspect involved in a burglary in progress,” according to a police statement. A stolen wallet was found at the scene.

Police pursued Mr. Matheny on foot and “a Taser device was deployed to stop the suspect. The … suspect pulled out a gun and possibly took aim at the officer,” the statement said. The weapon was recovered at the scene.

Officers shot the suspect, who was pronounced dead by medics, police said. One officer was taken to the hospital with a knee injury sustained during the foot pursuit.

The investigation is ongoing. The body remained in the road, covered by a yellow tarp, for some time, and Willow Road was reportedly closed between Middlefield and Creek Drive. News helicopters hovering overhead added to the frantic environment.

Other police departments, including Atherton’s and Palo Alto’s, were called in to help with traffic control.

Any witnesses are asked to call the Menlo Park Police Department at (650) 330-6300.

The last officer-involved shooting in Menlo Park was on Dec. 22, 2006, police said.

Almanac staff reporters and photographer Michelle Le contributed to this story.

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21 Comments

  1. The MPPD has just sent out a press release that says the suspect pulled a gun, but they have not yet confirmed whether he fired at the officers.

  2. This is all very preliminary, of course, but we have not heard any information indicating an officer was shot. An officer may have injured an ankle during the foot chase.

  3. The press release indicates the dead suspect’s weapon was recovered.

    “On Tuesday, November 11, 2014 at 12:33pm, Menlo Park Police Officers responded to a call of a suspicious person in the area of Willow Place in Menlo Park. Upon arrival, officers found a male suspect involved in a burglary in progress. A foot pursuit ensued of the suspect, and a Taser device was deployed to stop the suspect. The male suspect pulled out a gun and possibly took aim at the officers.

    At this time, it is unconfirmed whether the suspect fired his weapon. Officers shot the suspect, and he was pronounced dead at the scene by medics. The suspect’s weapon was recovered at the scene. One Menlo Park Officer was transported to the hospital for non-life threatening injuries related to the foot pursuit.

    This is an active investigation, and no further information is available for release at this time. An updated press release will be sent out if more details are available. The identity of the suspect is not being released pending notification of next of kin.

  4. SteveC makes a good point.

    Another point – how about waiting just a short time for the details to come out? This incident happened after lunchtime TODAY.

  5. @SteveC

    The article above evolved during the day — my post was to respond to some guy that was claiming the Menlo Park police were covering things up. (Sigh.) I just posted their press release – which wasn’t in the article at that time. Now my post looks pretty non sequitur but oh well.

    @Pogo

    I was trying to drive turn left from Middlefield to Willow at 12:50pm to do some errands. Imagine my surprise to see an Atherton squad their blocking the street. Later my wife called to tell me that there were helicopters – and the road was blocked.

    Crazy –

  6. Yes, it is crazy… and sad.

    But I still think taking a breath is better than speculating if the police shot or if the victim shot at police.

    It will come out.

  7. @pogo

    I completely agree with you. Better to let the facts will out than speculate.

    Hard to contemplate – I walk by that building on my way to the library all the time. Lots of kids and people walking at lunchtime. To picture flying lead bullets…. argh! Makes my head spin.

  8. Yes, lots of kids out due to the holiday, people out at lunch time, and drivers going about their business. Now the rest of Menlo knows what those in Belle Haven and E. Palo Alto live with. It’s not nice, is it? It’s terrifying, isn’t it? It’s random, deadly danger that happens too quickly for most people to process. At least in this case the police are trained in public safety issues, even if they don’t have a lot of experience with office involved shootings. Imagine when it’s thug to thug shootings where no consideration is given to the safety of others?

    If events really happened as described, I am glad that this man is no longer a threat.

  9. Some police around the US are using video cameras on their person or on their vehicle dashboards. That’s an excellent idea for Menlo Park. With video documentation, the records will be complete and unbiased. If firearms were used, we will know with certainty who fired what and when. We will know if police used proper and appropriate procedures. There will be corroborating information with no ambiguity, typos or confusing grammar as in their reports.

    We are indeed fortunate that there was no collateral “damage”; that is, others being in the line of fire. Like the other commenters, I also await a full report made public and suspend judgement until that time.

  10. Mr Engel – You missed somethingin the story, which makes your comment unnecessary. “Menlo Park Police Chief Robert Jonsen said that video footage of the shooting from the cameras worn by the officers will be given to the District Attorney’s Office for review, but not released to the public.”

  11. Again, people can not read an article and understand what was said. Some just like to comment but really do not understand what was said!!!

  12. Engel read the article. Again, as has been said before, the article was updated, reflecting that info and making some of the comments seem like commenters aren’t reading. At this point, it’s been updated several times.

  13. Menlo Park Police Officers are equipped with body cameras. Citizens-especially Bell Haven residents have submitted multiple complaints against officers for allegations of excessive force, illegal searches, and verbal abuse…Why is it that so many complaints were submitted, but no discipline or action was taken? The answer is, that the officers turn off their body cameras, therefore, making it the officers word against the citizen. I make this statement to ask another question…did the three shooting officers “really” have their body cameras on as the chief of police stated? If the incident was truley captured on three body cameras, with the suspect brandishing a firearm, then why the need to have the DA’s office investigate?

  14. An investigation by the DA’s office is standard procedure in officer involved shootings. So people like you can’t make the same accusations you just made.

    Those complaints you refer to weren’t founded because the cameras showed what really happened and it wasn’t as the complainants said it was. As usual.

  15. Steve Wagstaffe said It’s possible there is no video record of the 3 Menlo Park Police Officers shooting and killing Jerry Lee Matheny 52 last week.

    All three police officer were wearing video cameras.

    Wagstaffe “Nobody runs the cameras their entire shift.” “I don’t know if in this high-intensity situation they were on.” “You do have to flip them on.”

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