No charges for police officer who shot and killed former POSSESSED guitarist BRIAN MONTANA
15-08-2025
A South San Francisco Police Department officer who shot and killed former POSSESSED guitarist Brian Montana this past spring did so in “legally justifiable self-defense and defense of others”, it was announced Thursday (August 14) by San Mateo County District Attorney Steven M. Wagstaffe‘s office.
A ruling announced by the District Attorney’s office reads as follows: “The San Mateo County District Attorney’s Office has completed our investigation into the officer involved fatal shooting of Brian Montana on April 28, 2025 by South San Francisco Police Officer Jeffrey Lee at 302 Arroyo Drive in South San Francisco. After a thorough investigation by Inspector Nicole Von Glahn and other inspectors with the San Mateo County District Attorney’s Office, District Attorney Stephen M. Wagstaffe has concluded that there is no legal basis for filing criminal charges against Officer Jeffrey Lee for the shooting of Mr. Montana. District Attorney Wagstaffe has concluded that the use of force by Officer Lee was legally justifiable self-defense and defense of others pursuant to California Penal Code section 835a and section 196. Therefore, this case is now deemed closed by this office.”
The 60-year-old Montana died in a shootout with cops after he pulled a gun on a neighbor during an argument, the South San Francisco Police Department said. The argument reportedly began over tree clippings from a neighbor’s yard. Montana at one point took cover behind parked cars and landscaping and used three different guns to shoot at cops for almost half an hour, according to authorities.
“Montana fired multiple times at officers using a handgun, shotgun, and rifle … Officers used patrol cars as cover and returned fire. The suspect was struck and ultimately pronounced deceased at the scene,” the South San Francisco Police Department said.
“One resident from the home that the suspect was shooting at sustained a non-life threatening injury and was transported to a local trauma hospital. Nearby residences were also checked and officers confirmed no one else was injured. No officers were injured during this critical incident.”
A witness told CBS News about the incident: “My understanding is they had a dispute over a tree that was hanging. This is how foolish this kind of thing is. A dispute over a tree that one of them cut back, which is his right …and then somebody tried to settle it with a gun.”
POSSESSED shared a comment about the shooting via the band’s Instagram Story on May 2, writing, “Very tragic news. Our sympathies to the Montana family and friends,” above an image of a news article. The band also posted a message that read “Rest In Peace Brian Montana” via Instagram Story on April 30, according to the Daily Mail.
A longer tribute to Montana from POSSESSED frontman Jeff Becerra via the band’s official account added: ” I just feel like people should know that Brian Montana was a very nice guy. He was jovial and a gentleman. He was into martial arts and he was an excellent guitar player. Brian was always cracking jokes and he was a good person. Although we weren’t in touch often and more than a phone call here and there. The Brian I know is from when we were still just kids back in the beginning of POSSESSED. He was nothing like what I’m seeing being written about him. In fact, I think that’s one of the reasons that led to him leaving POSSESSED. He just wasn’t willing to be as dark as we wanted him to be at that time. We were going for that evil imagery, and Brian was just so lighthearted, even goofy in a good way.”
Jeff continued: “He was obviously going through some struggles and I think this is the time to be respectful towards the Montana family and friends as this is a tragic time for them.
“I’m sure there’s a lot more to this story but that would be up to Brian‘s family to tell or not to tell. I know that I still feel this is a great loss and I’m deeply saddened.”
Montana joined POSSESSED after answering a newspaper ad placed by founding members Mike Torrao and Mike Sus. He played on the band’s 1984 demo titled “Death Metal”, which is credited with giving the genre its name. Montana left POSSESSED shortly after the demo’s release and was replaced by future PRIMUS guitarist Larry LaLonde.
“I left the band because Torrao had a terrible attitude problem and wouldn’t stop ragging at me,” Montana said in an interview with Voices From The Darkside. “He was like some senile old lady that just wouldn’t shut up. He had a problem with my image. He didn’t think I was evil enough or something. He was always ragging on me to wear an upside-down crucifix and be satanic.”
POSSESSED originally split in 1987, leaving behind a short but highly influential legacy, most notably the band’s 1985 “Seven Churches” debut, widely considered to be the first-ever death metal album. Internal tensions after the release of 1987’s “The Eyes Of Horror” EP led to the band’s dissolution, with LaLonde joining Bay Area tech-thrashers BLIND ILLUSION, then PRIMUS, while Becerra, guitarist Mike Torrao and drummer Mike Sus each going separate directions.
Two years after POSSESSED‘s split, Becerra was the victim of a failed armed robbery attempt, subsequently leaving him paralyzed from the chest down and sending him into a spiral of drug and alcohol abuse. POSSESSED was reactivated by Torrao in 1990 with a completely different lineup, but only released two demos before dissolving in 1993. Becerra then reformed POSSESSED in 2007 with his own lineup, which released its first studio album in 33 years, “Revelations Of Oblivion”, in 2019.
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