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"disqusTitle": "Judge Cites Newly Unsealed Video, Allows Mario Woods Suit to Go to Trial",
"title": "Judge Cites Newly Unsealed Video, Allows Mario Woods Suit to Go to Trial",
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"content": "\u003cp>Newly unsealed video of the 2015 San Francisco police shooting of \u003ca href=\"https://www.kqed.org/news/tag/mario-woods\" target=\"_blank\" rel=\"noopener\">Mario Woods\u003c/a> casts doubt on officers' statements about the deadly encounter, a federal judge said in a Tuesday ruling.\u003c/p>\n\u003cp>U.S. District Court Judge William Orrick ordered that a lawsuit by Woods' mother can proceed to trial.\u003c/p>\n\u003cp>The video obtained by KQED was taken by a former Muni bus driver on Dec. 2, 2015. It sheds new light on several aspects of the shooting that contributed to launching an era of turmoil and reform for the San Francisco Police Department.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">SFPD Officers in Mario Woods Case Recount Shooting in Newly Filed Depositions\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/08/Woods.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>The footage begins just over a minute before five SFPD officers opened fire on Woods, shooting him 21 times. Officer Brandon Thompson can be heard on the recording telling his partner, Officer Charles August, to back away from Woods as both officers trail him onto Keith Street, near the intersection of 3rd Street and Fitzgerald Avenue in the Bayview district.\u003c/p>\n\u003cp>Thompson and August had approached Woods several minutes before the video's beginning, suspecting him of a stabbing earlier that afternoon. According to August's deposition testimony, Woods was holding a knife and told the officers he wasn't going with them.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>More officers arrived quickly and can be seen on the video surrounding Woods in a semi-circle while his back is to a wall on Keith Street.\u003c/p>\n\u003cp>The video shows Woods fall at one point as officers fired rubber projectiles at him.\u003c/p>\n\u003cp>\"Videos show that the less lethal rounds caused Woods to drop to the ground on all fours,\" Judge William Orrick wrote in his \u003ca href=\"https://www.documentcloud.org/documents/4999320-181009-Woods-v-SF-Order-Re-Motion-for-Summary.html\" target=\"_blank\" rel=\"noopener\">ruling\u003c/a>, citing the bus driver's video. \"After seven seconds on all fours and then his knees, he stood up.\"\u003c/p>\n\u003cp>Orrick noted several of the officers' accounts in depositions and official statements after the shooting that said Woods then began to walk quickly toward August after the officer side-stepped into his path.\u003c/p>\n\u003cp>\"Videos cast doubt on the [o]fficer accounts that Woods was moving quickly or speeding up when officers shot him. They seem to show him take four slow steps with his right shoulder up against the building, walking with a heavy limp,\" Orrick wrote, citing the bus driver's footage. \"The knife was in Woods's right hand, on the building side.\"\u003c/p>\n\u003cp>[audio src=\"https://od1.kqed.org/anon.kqed/radio/thebay/2018/09/WoodsCivilCaseMIX2MASTER.mp3\" Image=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2016/07/RS17708_IMG_3432-qut-1920x1440.jpg\" Title=\"Judge To Decide Whether Mario Woods Civil Case Moves Ahead\" program=\"The Bay\"]\u003c/p>\n\u003cp>The newly unsealed video provides perhaps the clearest view of the moment that August as well as officers Nicholas Cuevas, Winson Seto, Antonio Santos and Scott Phillips started to fire.\u003c/p>\n\u003cp>It appears to show more space between August and Woods at the moment gunshots are heard, compared to \u003ca href=\"https://www.youtube.com/watch?v=ij5TZuohoRg\" target=\"_blank\" rel=\"noopener\">videos\u003c/a> from other perspectives.\u003c/p>\n\u003cp>And, according to attorneys representing Woods' mother, Gwendolyn Woods, it shows Woods start to move away from August just before he's shot.\u003c/p>\n\u003cp>The video appears to definitively \u003ca href=\"https://www.kqed.org/news/10786115/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\" rel=\"noopener\">disprove statements\u003c/a> then Police Chief Greg Suhr made days after the shooting: that Woods raised a knife toward August before the officers fired.\u003c/p>\n\u003cp>But neither Suhr nor anyone else investigating the shooting were aware of the bus driver's video until more than a year later. The driver said in deposition testimony that he feared repercussions and kept the video to himself until the summer of 2017, when he provided a copy to the city.\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">'You Executed Him All Over Again': Family Members Respond to S.F. DA's Decisions in Police Shooting Cases\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS31199_alt_735-1180x1075.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>The city attorney's office waited as long as it could to turn the video over to plaintiffs' attorneys, according to depositions in the case, because the Muni operator who recorded the shooting wanted to change jobs and no longer drive a bus in the Bayview district before his footage became public.\u003c/p>\n\u003cp>Orrick dismissed parts of the lawsuit that relied on federal law, citing the relatively recent U.S. Supreme Court's decision in \u003ca href=\"https://www.oyez.org/cases/2017/17-467\" target=\"_blank\" rel=\"noopener\">Kisela v. Hughes\u003c/a> — a seminal case that expanded police officers' legal immunity when confronting suspects carrying knives.\u003c/p>\n\u003cp>But the judge ruled a jury should have the final say on state-law based negligence and wrongful death claims.\u003c/p>\n\u003cp>\"Viewing the evidence in the light most favorable to the plaintiff, a jury could conclude that officers should have attempted more alternatives before shooting Woods,\" Orrick wrote.\u003c/p>\n\u003cp>\"Unique to this case, there were well over a dozen officers on scene, with at least nine in the direct vicinity of Woods. Each officer had multiple additional weapons, including wooden batons. Given Woods's size, 5'9\" and 156 pounds, a reasonable jury could find that police could and should have overpowered him rather than killing him,\" the judge wrote.\u003c/p>\n\u003cp>The city had sought a ruling that would find the shooting a reasonable, legally justified use of force before the case ever made it to trial.\u003cbr>\n\u003cbr>\n\"Videos show that officers significantly outnumbered Woods, who had neither brandished the knife nor made verbal threats, but rather made statements a fact finder could infer were suicidal,\" Orrick wrote.\u003c/p>\n\u003cp>\"A jury could find that Woods was injured and moving slowly at the moment officers shot him. These facts could be sufficient to allow a jury to conclude that by escalating to deadly force in such a situation, officers acted with reckless disregard for Woods' rights,\" the judge wrote.\u003c/p>\n\u003cp>Orrick noted the city's arguments that could show the officers' use of force \"was tied to legitimate concerns about the safety of officers and bystanders.\"\u003c/p>\n\u003cp>\"This is a question properly resolved by a jury,\" he wrote.\u003c/p>\n\u003cp>The trial is scheduled for April 1, 2019.\u003c/p>\n\u003cp>\u003cem>Editor's note: The video below contains profanity and graphic violence. It may be disturbing to watch.\u003c/em>\u003c/p>\n\u003cp>https://youtu.be/06O255nSImc\u003c/p>\n\n",
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"excerpt": "\"Videos cast doubt on the [o]fficer accounts that Woods was moving quickly or speeding up when officers shot him,\" the judge wrote.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Newly unsealed video of the 2015 San Francisco police shooting of \u003ca href=\"https://www.kqed.org/news/tag/mario-woods\" target=\"_blank\" rel=\"noopener\">Mario Woods\u003c/a> casts doubt on officers' statements about the deadly encounter, a federal judge said in a Tuesday ruling.\u003c/p>\n\u003cp>U.S. District Court Judge William Orrick ordered that a lawsuit by Woods' mother can proceed to trial.\u003c/p>\n\u003cp>The video obtained by KQED was taken by a former Muni bus driver on Dec. 2, 2015. It sheds new light on several aspects of the shooting that contributed to launching an era of turmoil and reform for the San Francisco Police Department.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">SFPD Officers in Mario Woods Case Recount Shooting in Newly Filed Depositions\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/08/Woods.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>The footage begins just over a minute before five SFPD officers opened fire on Woods, shooting him 21 times. Officer Brandon Thompson can be heard on the recording telling his partner, Officer Charles August, to back away from Woods as both officers trail him onto Keith Street, near the intersection of 3rd Street and Fitzgerald Avenue in the Bayview district.\u003c/p>\n\u003cp>Thompson and August had approached Woods several minutes before the video's beginning, suspecting him of a stabbing earlier that afternoon. According to August's deposition testimony, Woods was holding a knife and told the officers he wasn't going with them.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>More officers arrived quickly and can be seen on the video surrounding Woods in a semi-circle while his back is to a wall on Keith Street.\u003c/p>\n\u003cp>The video shows Woods fall at one point as officers fired rubber projectiles at him.\u003c/p>\n\u003cp>\"Videos show that the less lethal rounds caused Woods to drop to the ground on all fours,\" Judge William Orrick wrote in his \u003ca href=\"https://www.documentcloud.org/documents/4999320-181009-Woods-v-SF-Order-Re-Motion-for-Summary.html\" target=\"_blank\" rel=\"noopener\">ruling\u003c/a>, citing the bus driver's video. \"After seven seconds on all fours and then his knees, he stood up.\"\u003c/p>\n\u003cp>Orrick noted several of the officers' accounts in depositions and official statements after the shooting that said Woods then began to walk quickly toward August after the officer side-stepped into his path.\u003c/p>\n\u003cp>\"Videos cast doubt on the [o]fficer accounts that Woods was moving quickly or speeding up when officers shot him. They seem to show him take four slow steps with his right shoulder up against the building, walking with a heavy limp,\" Orrick wrote, citing the bus driver's footage. \"The knife was in Woods's right hand, on the building side.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The newly unsealed video provides perhaps the clearest view of the moment that August as well as officers Nicholas Cuevas, Winson Seto, Antonio Santos and Scott Phillips started to fire.\u003c/p>\n\u003cp>It appears to show more space between August and Woods at the moment gunshots are heard, compared to \u003ca href=\"https://www.youtube.com/watch?v=ij5TZuohoRg\" target=\"_blank\" rel=\"noopener\">videos\u003c/a> from other perspectives.\u003c/p>\n\u003cp>And, according to attorneys representing Woods' mother, Gwendolyn Woods, it shows Woods start to move away from August just before he's shot.\u003c/p>\n\u003cp>The video appears to definitively \u003ca href=\"https://www.kqed.org/news/10786115/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\" rel=\"noopener\">disprove statements\u003c/a> then Police Chief Greg Suhr made days after the shooting: that Woods raised a knife toward August before the officers fired.\u003c/p>\n\u003cp>But neither Suhr nor anyone else investigating the shooting were aware of the bus driver's video until more than a year later. The driver said in deposition testimony that he feared repercussions and kept the video to himself until the summer of 2017, when he provided a copy to the city.\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">'You Executed Him All Over Again': Family Members Respond to S.F. DA's Decisions in Police Shooting Cases\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS31199_alt_735-1180x1075.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>The city attorney's office waited as long as it could to turn the video over to plaintiffs' attorneys, according to depositions in the case, because the Muni operator who recorded the shooting wanted to change jobs and no longer drive a bus in the Bayview district before his footage became public.\u003c/p>\n\u003cp>Orrick dismissed parts of the lawsuit that relied on federal law, citing the relatively recent U.S. Supreme Court's decision in \u003ca href=\"https://www.oyez.org/cases/2017/17-467\" target=\"_blank\" rel=\"noopener\">Kisela v. Hughes\u003c/a> — a seminal case that expanded police officers' legal immunity when confronting suspects carrying knives.\u003c/p>\n\u003cp>But the judge ruled a jury should have the final say on state-law based negligence and wrongful death claims.\u003c/p>\n\u003cp>\"Viewing the evidence in the light most favorable to the plaintiff, a jury could conclude that officers should have attempted more alternatives before shooting Woods,\" Orrick wrote.\u003c/p>\n\u003cp>\"Unique to this case, there were well over a dozen officers on scene, with at least nine in the direct vicinity of Woods. Each officer had multiple additional weapons, including wooden batons. Given Woods's size, 5'9\" and 156 pounds, a reasonable jury could find that police could and should have overpowered him rather than killing him,\" the judge wrote.\u003c/p>\n\u003cp>The city had sought a ruling that would find the shooting a reasonable, legally justified use of force before the case ever made it to trial.\u003cbr>\n\u003cbr>\n\"Videos show that officers significantly outnumbered Woods, who had neither brandished the knife nor made verbal threats, but rather made statements a fact finder could infer were suicidal,\" Orrick wrote.\u003c/p>\n\u003cp>\"A jury could find that Woods was injured and moving slowly at the moment officers shot him. These facts could be sufficient to allow a jury to conclude that by escalating to deadly force in such a situation, officers acted with reckless disregard for Woods' rights,\" the judge wrote.\u003c/p>\n\u003cp>Orrick noted the city's arguments that could show the officers' use of force \"was tied to legitimate concerns about the safety of officers and bystanders.\"\u003c/p>\n\u003cp>\"This is a question properly resolved by a jury,\" he wrote.\u003c/p>\n\u003cp>The trial is scheduled for April 1, 2019.\u003c/p>\n\u003cp>\u003cem>Editor's note: The video below contains profanity and graphic violence. It may be disturbing to watch.\u003c/em>\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/06O255nSImc'\n title='//www.youtube.com/embed/06O255nSImc'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\n\u003c/div>\u003c/p>",
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"disqusTitle": "Lawsuit: Systemic Racism Tainted S.F. Drug Stings That Targeted Only Black Suspects",
"title": "Lawsuit: Systemic Racism Tainted S.F. Drug Stings That Targeted Only Black Suspects",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>Racism drove a series of undercover drug stings in San Francisco four years ago, resulting in indictments for more than three dozen black suspects, according to a federal lawsuit filed Thursday by the American Civil Liberties Union and its Northern California chapter.\u003c/p>\n\u003cp>The sprawling complaint filed on behalf of six people arrested in the joint federal/SFPD operations in 2013 and 2014 cites official reports, academic research and news articles going back over a decade that document severe racial disparities in the city's arrest rates, as well as multiple high-profile scandals.\u003c/p>\n\u003cp>The lawsuit says San Francisco allowed a culture of racial bias to fester in its Police Department for well over a decade.\u003c/p>\n\u003cp>\"This indifference to overwhelming evidence of racially biased policing and racist attitudes by some officers, and a refusal to discipline adequately officers for facially biased policing or implement training and protocols to eradicate racial disparities in enforcement caused the selective enforcement of drug laws against exclusively Black people,\" the complaint says, alleging that the arrests violated the suspects' constitutional rights.\u003c/p>\n\u003ch2>Operation Safe Schools\u003c/h2>\n\u003cp>Approximately 34 SFPD officers joined 10 U.S. Drug Enforcement Administration agents for a series of \"buy-walk\" stings in San Francisco's Tenderloin neighborhood. Undercover officers or confidential informants, under video surveillance, bought drugs from suspects on the street. The suspects were arrested some time later.\u003c/p>\n\u003cp>The effort, dubbed \"Operation Safe Schools,\" targeted \"persistent, recidivist, and repeat offenders\" for federal prosecution allowing for harsher sentences for drug sales within 1,000 feet of a school, according to the complaint, which notes \"almost every part of the Tenderloin is within 1,000 feet of a school.\"\u003cbr>\n[ad fullwidth]\u003cbr>\nMany of the 37 black defendants arrested over two waves of the operation accepted plea deals, but 12 of them disputed the charges long enough for their federal public defenders to receive some of the surveillance videos from the prosecution.\u003c/p>\n\u003cp>In one of those videos, an undercover SFPD officer passes by an Asian-American person selling drugs to complete a buy from a black suspect, Cassie Roberts, who was on the phone.\u003c/p>\n\u003cp>\"On the recording, the undercover officer explains that Ms. Roberts was not paying attention to him, but he got her attention and avoided the 'Asian chick,' \" the lawsuit says.\u003c/p>\n\u003cp>In a separate bust, an SFPD officer can be heard on the \u003ca href=\"https://www.youtube.com/watch?v=Y7vp2em25Zc\" target=\"_blank\" rel=\"noopener\">video\u003c/a> saying \"fucking BMs,\" a reference to black males, \"as the camera is focused on a group of Black men and women,\" according to the complaint. Another officer then said, \"Shh, hey, I'm rolling.\"\u003c/p>\n\u003cp>Defense attorneys sought more evidence to bolster their argument that the arrests unconstitutionally targeted black people while avoiding suspects of other races, but federal prosecutors \"abruptly sought dismissal, without explanation\" of the charges against the remaining 12 defendants, according to the lawsuit.\u003c/p>\n\u003ch2>Civil Suit\u003c/h2>\n\u003cp>\"It became very apparent that they had singled out black people for very harsh and very severe prosecution under federal law,\" said Novella Coleman, a staff attorney with the ACLU Foundation of Northern California. She is one of several plaintiff's attorneys on the lawsuit.\u003c/p>\n\u003cp>The complaint goes far beyond the individual circumstances for the people arrested in the operation, however, recounting numerous scandals and more than seven studies stretching back to 2002 that found racial disparities in San Francisco policing.\u003c/p>\n\u003cp>\"San Francisco has had some of the starkest racial disparities when compared to other cities within the state of California,\" Coleman said.\u003c/p>\n\u003cp>John Cote, a spokesman for the City Attorney's Office, said he could not comment on specifics about the lawsuit because the agency had not seen it yet. But he defended the SFPD's actions.\u003c/p>\n\u003cp>\"What we can say is that the San Francisco Police Department did not engage in selective enforcement during Operation Safe Schools,\" Cote said in an email.\u003c/p>\n\u003cp>\"This was a joint operation led by the federal government. The evidence will show that San Francisco police acted in accordance with federal directives,\" Cote said. \"The San Francisco Police Department prides itself on being one of the most diverse, forward-thinking and transparent law enforcement agencies in the country.\"\u003c/p>\n\u003cp>The ACLU's complaint also references interventions in the SFPD after the drug stings, including a U.S. Department of Justice review that found \"major deficiencies\" throughout the Police Department in 2016. The 272 recommendations made in the federal review are currently guiding the SFPD's ongoing reform effort.\u003c/p>\n\u003cp>Though the criminal charges against them were eventually dismissed, the lawsuit alleges that the six plaintiffs suffered various harm as a result of their arrests and aborted prosecutions.\u003c/p>\n\u003cp>One of the plaintiffs, for example, was held in custody for 311 days before her case was dismissed. Her mother, who has schizophrenia, \"went missing\" while her daughter was in jail, and remains missing today.\u003c/p>\n\u003cp>Former SFPD Chief Greg Suhr \u003ca href=\"https://archives.sfexaminer.com/sanfrancisco/sf-police-chief-defends-arrests-of-suspected-black-drug-dealers-amid-racism-scandal/Content?oid=2925731\" target=\"_blank\" rel=\"noopener\">defended the arrests\u003c/a> in 2015, saying people who sell drugs near schools \"deserve to be arrested.\"\u003c/p>\n\u003cp>But the Police Department did not officially respond in court to the allegations of racial bias during the federal criminal case, which evaporated after federal prosecutors' sudden dismissal.\u003c/p>\n\u003cp>Federal prosecutors told the court in 2016 that \"the Police Department was 'unwilling to cooperate in allegations of racism against them,' \" the lawsuit says.\u003c/p>\n\u003cp>\u003cem>This post has been updated to include comments from the San Francisco City Attorney's Office.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Racism drove a series of undercover drug stings in San Francisco four years ago, resulting in indictments for more than three dozen black suspects, according to a federal lawsuit filed Thursday by the American Civil Liberties Union and its Northern California chapter.\u003c/p>\n\u003cp>The sprawling complaint filed on behalf of six people arrested in the joint federal/SFPD operations in 2013 and 2014 cites official reports, academic research and news articles going back over a decade that document severe racial disparities in the city's arrest rates, as well as multiple high-profile scandals.\u003c/p>\n\u003cp>The lawsuit says San Francisco allowed a culture of racial bias to fester in its Police Department for well over a decade.\u003c/p>\n\u003cp>\"This indifference to overwhelming evidence of racially biased policing and racist attitudes by some officers, and a refusal to discipline adequately officers for facially biased policing or implement training and protocols to eradicate racial disparities in enforcement caused the selective enforcement of drug laws against exclusively Black people,\" the complaint says, alleging that the arrests violated the suspects' constitutional rights.\u003c/p>\n\u003ch2>Operation Safe Schools\u003c/h2>\n\u003cp>Approximately 34 SFPD officers joined 10 U.S. Drug Enforcement Administration agents for a series of \"buy-walk\" stings in San Francisco's Tenderloin neighborhood. Undercover officers or confidential informants, under video surveillance, bought drugs from suspects on the street. The suspects were arrested some time later.\u003c/p>\n\u003cp>The effort, dubbed \"Operation Safe Schools,\" targeted \"persistent, recidivist, and repeat offenders\" for federal prosecution allowing for harsher sentences for drug sales within 1,000 feet of a school, according to the complaint, which notes \"almost every part of the Tenderloin is within 1,000 feet of a school.\"\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\nMany of the 37 black defendants arrested over two waves of the operation accepted plea deals, but 12 of them disputed the charges long enough for their federal public defenders to receive some of the surveillance videos from the prosecution.\u003c/p>\n\u003cp>In one of those videos, an undercover SFPD officer passes by an Asian-American person selling drugs to complete a buy from a black suspect, Cassie Roberts, who was on the phone.\u003c/p>\n\u003cp>\"On the recording, the undercover officer explains that Ms. Roberts was not paying attention to him, but he got her attention and avoided the 'Asian chick,' \" the lawsuit says.\u003c/p>\n\u003cp>In a separate bust, an SFPD officer can be heard on the \u003ca href=\"https://www.youtube.com/watch?v=Y7vp2em25Zc\" target=\"_blank\" rel=\"noopener\">video\u003c/a> saying \"fucking BMs,\" a reference to black males, \"as the camera is focused on a group of Black men and women,\" according to the complaint. Another officer then said, \"Shh, hey, I'm rolling.\"\u003c/p>\n\u003cp>Defense attorneys sought more evidence to bolster their argument that the arrests unconstitutionally targeted black people while avoiding suspects of other races, but federal prosecutors \"abruptly sought dismissal, without explanation\" of the charges against the remaining 12 defendants, according to the lawsuit.\u003c/p>\n\u003ch2>Civil Suit\u003c/h2>\n\u003cp>\"It became very apparent that they had singled out black people for very harsh and very severe prosecution under federal law,\" said Novella Coleman, a staff attorney with the ACLU Foundation of Northern California. She is one of several plaintiff's attorneys on the lawsuit.\u003c/p>\n\u003cp>The complaint goes far beyond the individual circumstances for the people arrested in the operation, however, recounting numerous scandals and more than seven studies stretching back to 2002 that found racial disparities in San Francisco policing.\u003c/p>\n\u003cp>\"San Francisco has had some of the starkest racial disparities when compared to other cities within the state of California,\" Coleman said.\u003c/p>\n\u003cp>John Cote, a spokesman for the City Attorney's Office, said he could not comment on specifics about the lawsuit because the agency had not seen it yet. But he defended the SFPD's actions.\u003c/p>\n\u003cp>\"What we can say is that the San Francisco Police Department did not engage in selective enforcement during Operation Safe Schools,\" Cote said in an email.\u003c/p>\n\u003cp>\"This was a joint operation led by the federal government. The evidence will show that San Francisco police acted in accordance with federal directives,\" Cote said. \"The San Francisco Police Department prides itself on being one of the most diverse, forward-thinking and transparent law enforcement agencies in the country.\"\u003c/p>\n\u003cp>The ACLU's complaint also references interventions in the SFPD after the drug stings, including a U.S. Department of Justice review that found \"major deficiencies\" throughout the Police Department in 2016. The 272 recommendations made in the federal review are currently guiding the SFPD's ongoing reform effort.\u003c/p>\n\u003cp>Though the criminal charges against them were eventually dismissed, the lawsuit alleges that the six plaintiffs suffered various harm as a result of their arrests and aborted prosecutions.\u003c/p>\n\u003cp>One of the plaintiffs, for example, was held in custody for 311 days before her case was dismissed. Her mother, who has schizophrenia, \"went missing\" while her daughter was in jail, and remains missing today.\u003c/p>\n\u003cp>Former SFPD Chief Greg Suhr \u003ca href=\"https://archives.sfexaminer.com/sanfrancisco/sf-police-chief-defends-arrests-of-suspected-black-drug-dealers-amid-racism-scandal/Content?oid=2925731\" target=\"_blank\" rel=\"noopener\">defended the arrests\u003c/a> in 2015, saying people who sell drugs near schools \"deserve to be arrested.\"\u003c/p>\n\u003cp>But the Police Department did not officially respond in court to the allegations of racial bias during the federal criminal case, which evaporated after federal prosecutors' sudden dismissal.\u003c/p>\n\u003cp>Federal prosecutors told the court in 2016 that \"the Police Department was 'unwilling to cooperate in allegations of racism against them,' \" the lawsuit says.\u003c/p>\n\u003cp>\u003cem>This post has been updated to include comments from the San Francisco City Attorney's Office.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"disqusTitle": "High Court Denies SFPD Officers' Attempt to Avoid Discipline in Racist Texting Case",
"title": "High Court Denies SFPD Officers' Attempt to Avoid Discipline in Racist Texting Case",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>\u003cem>Updated Wednesday, 8:45 p.m.\u003c/em>\u003c/p>\n\u003cp>The California Supreme Court on Wednesday denied the latest legal attempt by nine San Francisco police officers to avoid discipline for swapping racist, sexist and homophobic text messages in 2011 and 2012.\u003c/p>\n\u003cp>The summary denial marks the end of legal challenges that kept the officers \u003ca href=\"https://www.kqed.org/news/11667077/as-s-f-appeals-textgate-ruling-accused-cops-collect-pay-at-least-2-million-so-far\" target=\"_blank\" rel=\"noopener\">on the city's payroll\u003c/a> since the texts were made public in a 2015 federal court filing.\u003c/p>\n\u003cp>Former Superior Court Judge Ernest Goldsmith \u003ca href=\"https://www.kqed.org/news/10798240/judge-nears-ruling-on-s-f-cops-who-sent-bigoted-texts\" target=\"_blank\" rel=\"noopener\">ruled in favor\u003c/a> of the officers in late 2015, finding the Police Department sat on the texts for over two years, blowing a one-year statute of limitations for officer discipline.\u003c/p>\n\u003cp>According to a sample of the \u003ca href=\"https://www.documentcloud.org/documents/4454517-Attachment-Government-Opposition-to-Defendant.html#document/p1\" target=\"_blank\" rel=\"noopener\">texts\u003c/a> made public, officers sent sometimes violently racist messages that used racial slurs and referenced cross burning and white power.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>They also swapped sexist, homophobic and otherwise offensive texts with \u003ca href=\"https://www.kqed.org/news/10441338/ex-sfpd-sergeant-sentenced-in-federal-corruption-case\" target=\"_blank\" rel=\"noopener\">former SFPD Sgt. Ian Furminger\u003c/a>, who was convicted in late 2014 of federal corruption charges.\u003c/p>\n\u003cp>San Francisco appealed Goldsmith's ruling, arguing that the statute of limitations paused until Furminger's sentence. A state appellate panel \u003ca href=\"https://www.kqed.org/news/11671641/appellate-court-rules-against-s-f-officers-in-racist-texting-case\" target=\"_blank\" rel=\"noopener\">agreed with the city\u003c/a> in May, and the Supreme Court on Wednesday denied the officer's petition to overturn that ruling.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/tag/sfpd-text-messaging-scandal\">The SFPD Text Messaging Scandal\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/tag/sfpd-text-messaging-scandal\">\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2015/06/RS14516_475371681-qut-1440x961.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>\"Police should not have to compromise a criminal case in order to discipline officers accused of appalling behavior, like these text messages revealing prejudice against the very communities our officers are sworn to protect,\" City Attorney Denis Herrera said in a written statement Wednesday.\u003c/p>\n\u003cp>\"Officers accused of misconduct don’t get a free pass just because their texts came to light during a corruption investigation. That is not what the law says, and it would make no sense. Now these officers can answer to the Police Commission.\"\u003c/p>\n\u003cp>The officers' lead attorney, Alison Berry Wilkinson, said the officers can't fight the city's right to discipline them any further.\u003c/p>\n\u003cp>\"With the denial of the petition for review, all legal avenues to challenge the proposed disciplinary actions have been exhausted,\" Wilkinson said in an emailed response. \"The matter will now return to the Police Commission to consider each individual discipline case on the merits.\"\u003c/p>\n\u003cp>Though the city was prevented from firing the officers, their text messages rippled through San Francisco's criminal justice system, prompting a review of thousands of criminal cases that involved testimony or other participation from the officers.\u003c/p>\n\u003cp>The district attorney also \u003ca href=\"https://www.kqed.org/news/11017027/panel-finds-sfpd-code-of-silence-outsized-influence-of-police-union\" target=\"_blank\" rel=\"noopener\">convened a panel\u003c/a> of retired judges to review the Police Department, a precursor to a \u003ca href=\"https://www.kqed.org/news/10851435/feds-launching-comprehensive-review-of-s-f-police-department\" target=\"_blank\" rel=\"noopener\">federal review\u003c/a> of SFPD launched in 2016.\u003c/p>\n\u003cp>Among \u003ca href=\"https://www.kqed.org/news/11126015/federal-review-of-sfpd-finds-major-faults-in-every-area-assessed\" target=\"_blank\" rel=\"noopener\">272 recommendations\u003c/a> issued by the U.S. Department of Justice that are guiding ongoing reform of the Police Department was automated audits of officers' communications for racist or otherwise biased language. The audit flagged 70 text messages, 5,611 emails and 35 entries into a law enforcement database in the second quarter of this year, according to a \u003ca href=\"http://sanfranciscopolice.org/sites/default/files/Documents/PoliceCommission/PoliceCommission090518-ElectronicDeviceBiasAudit2ndQ2018.pdf\" target=\"_blank\" rel=\"noopener\">recent report\u003c/a> to the Police Commission.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Each message was reviewed and determined to be a false positive, the Police Department reported, because the audit captures potentially inappropriate words contained within innocuous words, as well as communications from the public and from informants.\u003c/p>\n\n",
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"excerpt": "The California Supreme Court's summary denial marks the end of legal challenges that kept the officers on the city's payroll since the texts were made public in 2015.",
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"description": "The California Supreme Court's summary denial marks the end of legal challenges that kept the officers on the city's payroll since the texts were made public in 2015.",
"title": "High Court Denies SFPD Officers' Attempt to Avoid Discipline in Racist Texting Case | KQED",
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"headline": "High Court Denies SFPD Officers' Attempt to Avoid Discipline in Racist Texting Case",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated Wednesday, 8:45 p.m.\u003c/em>\u003c/p>\n\u003cp>The California Supreme Court on Wednesday denied the latest legal attempt by nine San Francisco police officers to avoid discipline for swapping racist, sexist and homophobic text messages in 2011 and 2012.\u003c/p>\n\u003cp>The summary denial marks the end of legal challenges that kept the officers \u003ca href=\"https://www.kqed.org/news/11667077/as-s-f-appeals-textgate-ruling-accused-cops-collect-pay-at-least-2-million-so-far\" target=\"_blank\" rel=\"noopener\">on the city's payroll\u003c/a> since the texts were made public in a 2015 federal court filing.\u003c/p>\n\u003cp>Former Superior Court Judge Ernest Goldsmith \u003ca href=\"https://www.kqed.org/news/10798240/judge-nears-ruling-on-s-f-cops-who-sent-bigoted-texts\" target=\"_blank\" rel=\"noopener\">ruled in favor\u003c/a> of the officers in late 2015, finding the Police Department sat on the texts for over two years, blowing a one-year statute of limitations for officer discipline.\u003c/p>\n\u003cp>According to a sample of the \u003ca href=\"https://www.documentcloud.org/documents/4454517-Attachment-Government-Opposition-to-Defendant.html#document/p1\" target=\"_blank\" rel=\"noopener\">texts\u003c/a> made public, officers sent sometimes violently racist messages that used racial slurs and referenced cross burning and white power.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>They also swapped sexist, homophobic and otherwise offensive texts with \u003ca href=\"https://www.kqed.org/news/10441338/ex-sfpd-sergeant-sentenced-in-federal-corruption-case\" target=\"_blank\" rel=\"noopener\">former SFPD Sgt. Ian Furminger\u003c/a>, who was convicted in late 2014 of federal corruption charges.\u003c/p>\n\u003cp>San Francisco appealed Goldsmith's ruling, arguing that the statute of limitations paused until Furminger's sentence. A state appellate panel \u003ca href=\"https://www.kqed.org/news/11671641/appellate-court-rules-against-s-f-officers-in-racist-texting-case\" target=\"_blank\" rel=\"noopener\">agreed with the city\u003c/a> in May, and the Supreme Court on Wednesday denied the officer's petition to overturn that ruling.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/tag/sfpd-text-messaging-scandal\">The SFPD Text Messaging Scandal\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/tag/sfpd-text-messaging-scandal\">\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2015/06/RS14516_475371681-qut-1440x961.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>\"Police should not have to compromise a criminal case in order to discipline officers accused of appalling behavior, like these text messages revealing prejudice against the very communities our officers are sworn to protect,\" City Attorney Denis Herrera said in a written statement Wednesday.\u003c/p>\n\u003cp>\"Officers accused of misconduct don’t get a free pass just because their texts came to light during a corruption investigation. That is not what the law says, and it would make no sense. Now these officers can answer to the Police Commission.\"\u003c/p>\n\u003cp>The officers' lead attorney, Alison Berry Wilkinson, said the officers can't fight the city's right to discipline them any further.\u003c/p>\n\u003cp>\"With the denial of the petition for review, all legal avenues to challenge the proposed disciplinary actions have been exhausted,\" Wilkinson said in an emailed response. \"The matter will now return to the Police Commission to consider each individual discipline case on the merits.\"\u003c/p>\n\u003cp>Though the city was prevented from firing the officers, their text messages rippled through San Francisco's criminal justice system, prompting a review of thousands of criminal cases that involved testimony or other participation from the officers.\u003c/p>\n\u003cp>The district attorney also \u003ca href=\"https://www.kqed.org/news/11017027/panel-finds-sfpd-code-of-silence-outsized-influence-of-police-union\" target=\"_blank\" rel=\"noopener\">convened a panel\u003c/a> of retired judges to review the Police Department, a precursor to a \u003ca href=\"https://www.kqed.org/news/10851435/feds-launching-comprehensive-review-of-s-f-police-department\" target=\"_blank\" rel=\"noopener\">federal review\u003c/a> of SFPD launched in 2016.\u003c/p>\n\u003cp>Among \u003ca href=\"https://www.kqed.org/news/11126015/federal-review-of-sfpd-finds-major-faults-in-every-area-assessed\" target=\"_blank\" rel=\"noopener\">272 recommendations\u003c/a> issued by the U.S. Department of Justice that are guiding ongoing reform of the Police Department was automated audits of officers' communications for racist or otherwise biased language. The audit flagged 70 text messages, 5,611 emails and 35 entries into a law enforcement database in the second quarter of this year, according to a \u003ca href=\"http://sanfranciscopolice.org/sites/default/files/Documents/PoliceCommission/PoliceCommission090518-ElectronicDeviceBiasAudit2ndQ2018.pdf\" target=\"_blank\" rel=\"noopener\">recent report\u003c/a> to the Police Commission.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Each message was reviewed and determined to be a false positive, the Police Department reported, because the audit captures potentially inappropriate words contained within innocuous words, as well as communications from the public and from informants.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions",
"title": "SFPD Officers in Mario Woods Case Recount Shooting in Newly Filed Depositions",
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"headTitle": "SFPD Officers in Mario Woods Case Recount Shooting in Newly Filed Depositions | KQED",
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"content": "\u003cp>For the first time in the more than 2½ years since the fatal shooting of \u003ca href=\"https://www.kqed.org/news/tag/mario-woods\" target=\"_blank\" rel=\"noopener\">Mario Woods\u003c/a> jolted San Francisco and its Police Department, the five officers who opened fire on the Bayview man have testified about the fatal encounter in court depositions.\u003c/p>\n\u003cp>The city attached several hundred pages of transcripts and declarations Wednesday to a motion that essentially seeks dismissal of a federal civil rights lawsuit filed by Woods’ mother. The case is scheduled for trial later this year.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11676486/attorneys-seek-testimony-from-d-a-former-s-f-police-chief-in-mario-woods-case\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Attorneys Seek to Force DA, Former S.F. Police Chief to Testify in Mario Woods Case\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11676486/attorneys-seek-testimony-from-d-a-former-s-f-police-chief-in-mario-woods-case\" target=\"_blank\" rel=\"noopener\">\u003cimg decoding=\"async\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/SuhrGascon-1920x842-800x351.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>The documents reveal the existence of a recently surfaced cellphone video of the shooting from a different vantage point than those that became public in the hours after the shooting. They also disclose testimony from other responding police officers and from the man the 26-year-old Woods allegedly stabbed in the shoulder shortly before the late afternoon shooting.\u003c/p>\n\u003cp>“The undisputed facts support the officers’ use of force,” the city’s \u003ca href=\"https://www.documentcloud.org/documents/4781912-Motion-for-Summary-Judgment-Gov-Uscourts-Cand.html\" target=\"_blank\" rel=\"noopener\">motion for summary judgment\u003c/a> argues.\u003c/p>\n\u003cp>“The officers knew Woods had already stabbed someone in the middle of the afternoon,” the motion says. “Woods brandished an eight-inch knife when Officer August approached him, in full police uniform, and ordered him to drop his knife. Woods ignored dozens of commands to drop his knife, to get on the ground, and to stop.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>A Stabbing and a Search \u003c/strong>\u003c/p>\n\u003cp>Officers had fanned out around the southern Bayview district on Dec. 2, 2015, looking for a stabbing suspect after Marcel Gardner had driven himself to San Francisco General Hospital with a puncture wound to his left shoulder.\u003c/p>\n\u003cp>“I was minding my own business, eating a cheeseburger, hanging out with some people,” Gardner said in a November 2016 \u003ca href=\"https://www.documentcloud.org/documents/4781938-Deposition-of-Marcel-Shepard-Gardiner-Gov.html\" target=\"_blank\" rel=\"noopener\">deposition\u003c/a> filed Wednesday. He said Woods appeared intoxicated and started banging on the driver’s side window of Gardner’s parked car.\u003c/p>\n\u003cp>“All I know is, after I got out the car, I was stabbed,” Gardner said.\u003c/p>\n\u003cp>He said he drove to the hospital but hesitated to go inside “[b]ecause I didn’t want to deal with any police officers.”\u003c/p>\n\u003cp>He was eventually treated and told a sheriff’s deputy that he’d been stabbed by a “light complected male wearing a hooded sweatshirt” near his home, according to the deputy’s declaration.\u003c/p>\n\u003cp>An SFPD officer dispatched to the scene noticed a 5-foot-8 black man with a baseball hat, hoodie and a backpack. A woman later told the officer that the stabbing suspect was still in the area, and her description matched the man he’d seen earlier. But officers failed to locate him.\u003c/p>\n\u003cp>Sometime after 4 p.m., Officer Charles August spotted a potential suspect less than a half-mile north of the stabbing scene and pointed him out to his partner, Officer Brandon Thompson.\u003c/p>\n\u003cp>\u003cstrong>‘I’m Not Going With You’\u003c/strong>\u003c/p>\n\u003cp>“My partner said, ‘Hey, Brandon, that looks like it may be the guy.’ ” Thompson said in a July 26 \u003ca href=\"https://www.documentcloud.org/documents/4781928-Deposition-of-Brandon-Thompson-SFPD-AUGUST.html\" target=\"_blank\" rel=\"noopener\">deposition\u003c/a>. Thompson said he responded, ” ‘OK, partner. Let’s go over there and try to talk to him.’ ”\u003c/p>\n\u003cp>Woods was standing in line with other people waiting for a bus, holding a can of soda, according to the depositions and Muni video described in a \u003ca href=\"https://www.kqed.org/news/11670339/no-charges-s-f-da-closes-2-controversial-police-shooting-cases-that-led-to-era-of-reform\" target=\"_blank\" rel=\"noopener\">district attorney’s report\u003c/a> on the shooting.\u003c/p>\n\u003cp>August said in \u003ca href=\"https://www.documentcloud.org/documents/4781940-Deposition-of-Charles-August-Gov-Uscourts-Cand.html\" target=\"_blank\" rel=\"noopener\">his deposition\u003c/a> that when he got out of his patrol vehicle, Woods said, “I’m not going with you.”\u003c/p>\n\u003cp>“He presented the knife. I drew my firearm,” August testified. “I pointed it at him. And he said, ‘You’re going to have to squeeze that.’ ”\u003c/p>\n\u003cp>Blood recovered from the knife would later match Gardner’s DNA, according to the city’s court filings.\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">‘You Executed Him All Over Again’: Family Members Respond to S.F. DA’s Decisions in Police Shooting Cases\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">\u003cimg decoding=\"async\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS31199_alt_735-1180x1075.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Thompson remembered Woods saying, “You better squeeze that motherfucker and kill me.” But he added he didn’t think Woods was suicidal.\u003c/p>\n\u003cp>Adante Pointer, who represents Woods’ mother, Gwendolyn Woods, asked August if he took that as a suicidal statement, homicidal statement or a threat. August said no to all three questions.\u003c/p>\n\u003cp>\u003cstrong>A Call for Reinforcements\u003c/strong>\u003c/p>\n\u003cp>Woods started to walk away and the officers walked behind him. At approximately 4:33 p.m., Thompson broadcast over police radio that they were at Keith Street and Fitzgerald Avenue and that the suspect had a knife and was “coming at my partner,” according to the \u003ca href=\"https://sfdistrictattorney.org/sites/default/files/OIS%20Report_Mario%20Woods_0.pdf\" target=\"_blank\" rel=\"noopener\">DA’s report\u003c/a>. He requested that an officer respond with what the department calls an “extended-range impact weapon” — essentially a shotgun that fires beanbags or a larger launcher that fires rubber bullets — and broadcast again that Woods was pointing a knife at August.\u003c/p>\n\u003cp>Several more officers began to arrive and converge around Woods, August, Thompson and bystanders at the adjacent bus stop. Among them were Bayview Officers Nicholas Cuevas and Scott Phillips, who was in his last week of field training under Cuevas. They were just beginning their shift and had cut short a training that included videos of officer-involved shootings and assaults on police officers to respond to Thompson’s calls.\u003c/p>\n\u003cp>“We had a Muni bus, it was 4:30 in the afternoon, kids were getting off school, getting home, getting ready to eat dinner, do their homework,” Cuevas said in his \u003ca href=\"https://www.documentcloud.org/documents/4781937-Deposition-of-Nicholas-Cuevas-Gov-Uscourts-Cand.html\" target=\"_blank\" rel=\"noopener\">deposition\u003c/a>. “People are getting off work. This is a bedroom community, there is lots of people, pedestrian traffic at the time, and there was nothing to put in between us.”\u003c/p>\n\u003cp>Officers Winson Seto and Shaun Navarro arrived separately. Navarro brought along an extended-range impact weapon that fires rubber bullets.\u003c/p>\n\u003cp>The officers converged in a semicircle around Woods, whose back was to a wall. Widely circulated bystander \u003ca href=\"https://www.kqed.org/news/10786115/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\" rel=\"noopener\">video\u003c/a> shared on social media the day of the shooting begins at about this point.\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=ij5TZuohoRg\u003c/p>\n\u003cp>August said several officers were shouting commands at Woods, and he decided to try something else.\u003c/p>\n\u003cp>“I lowered my voice, and because he would periodically look at me and say things, I would tell him, ‘You know, just put the knife down; you know, let’s not do it this way,’ things of that sort,” August said. He said at the beginning of his deposition that he had not returned to patrol since the shooting.\u003c/p>\n\u003cp>Navarro fired four impact rounds, hitting Woods in his lower body. Another officer, Jennifer Traw, fired two beanbag rounds from a shotgun. Officer Jessie Ortiz leaned into the semicircle and pepper-sprayed Woods. But he didn’t drop the knife.\u003c/p>\n\u003cp>\u003cstrong>‘Fire in His Eye’\u003c/strong>\u003c/p>\n\u003cp>Most of the officers said in depositions that they suspected Woods was under the influence of drugs.\u003c/p>\n\u003cp>Ortiz told homicide investigators that “Mario had fire in his eye,” according to his April 18 \u003ca href=\"https://www.documentcloud.org/documents/4781930-Deposition-of-Jessie-Ortiz-SFPD-Pepper-Spray-Gov.html\" target=\"_blank\" rel=\"noopener\">deposition\u003c/a>. He was asked to explain what he meant.\u003c/p>\n\u003cp>“It’s a term I use for like if — if someone’s possibly on narcotics or they — when you go through confrontation you see when someone gets angry, you see their eyes get like really just — they the bulge out,” Ortiz said. “They have fire. I guess it’s — it’s — it’s just very intense.”\u003c/p>\n\u003cp>The city’s latest filings include a \u003ca href=\"https://www.documentcloud.org/documents/4781917-Declaratinon-of-John-Mendelson-MD-TOX-Gov.html\" target=\"_blank\" rel=\"noopener\">declaration\u003c/a> from Dr. John Mendelson, who analyzed the findings from toxicology tests run on Woods’ blood. He wrote that Woods “suffered synergistic toxicity” from a high concentration of methamphetamine and cough medicine in his system, along with antidepressants and marijuana.\u003c/p>\n\u003cp>“The poor judgment shown by Mr. Woods in this case — brandishing a knife in the presence of several police officers — is a classic example of the inability of chronic stimulant abusers to appreciate significant risk,” Mendelson wrote.\u003c/p>\n\u003cp>After the impact rounds and pepper spray, Woods can be seen on bystander video crouching down briefly before he turned and started to walk away from most of the officers. August stepped into his path.\u003c/p>\n\u003cp>“I sidestepped to my left to put a barrier between Mario and the people that I could hear behind me,” August said. “He told me that I was going to have to shoot him.”\u003c/p>\n\u003cp>\u003cstrong>Deadly Fusillade at Close Quarters\u003c/strong>\u003c/p>\n\u003cp>August said when he decided to fire, Woods was “close enough to stab or slash at me if he wanted to.”\u003c/p>\n\u003cp>The officers all said Woods never threatened any officer with the knife, nor did he make any verbal threats. They also all said they believed Woods was an imminent threat to August.\u003c/p>\n\u003cp>August, Seto, Santos, Cuevas and Phillips all fired their semiautomatic pistols in a span of four seconds. Woods was hit 20 times and grazed once on his right cheek, according to the \u003ca href=\"https://www.kqed.org/news/10861667/medical-examiners-report-on-mario-woods-shooting-released\" target=\"_blank\" rel=\"noopener\">medical examiner’s report\u003c/a> on his death.\u003c/p>\n\u003cp>One of the non-SFPD witnesses deposed in the case was a former Muni bus driver. He was about 30 feet behind the officers, according to his July 25 \u003ca href=\"https://www.documentcloud.org/documents/4782589-Deposition-of-MUNI-Gov-Uscourts-Cand-293649-115-15.html\" target=\"_blank\" rel=\"noopener\">deposition\u003c/a> testimony.\u003c/p>\n\u003cp>He recorded video with his cellphone, but didn’t share it with investigators until summer 2017.\u003c/p>\n\u003cp>“I was scared,” the driver said. “I’m in the public eye. I’m in that area. I didn’t know if there would be any backlash or repercussions for me providing that video.”\u003c/p>\n\u003cp>The video was only recently turned over to plaintiffs’ attorneys.\u003c/p>\n\u003cp>The man said was waiting to relieve another Muni driver at a stop near Third and Keith streets when he heard an officer say, “Drop the knife.”\u003c/p>\n\u003cp>He said he heard Woods say, “Fuck you. Come get it.”\u003c/p>\n\u003cp>He can be heard on the video he recorded saying, “It isn’t worth it,” according to testimony during his deposition.\u003c/p>\n\u003cp>“A knife ain’t worth your life, if they’re asking you to drop it, drop it.” he testified. “As far as what I meant, that’s what I meant.”\u003c/p>\n\u003cp>\u003cstrong>A Change in SFPD Training\u003c/strong>\u003c/p>\n\u003cp>Pointer and other attorneys for Woods’ mother pressed the officers on whether they made any plans about how they would approach the suspect and what they would do if the “less-lethal” impact rounds didn’t work. None of the officers could say who was in charge of the scene, and they said there was little to no planning before they surrounded Woods.\u003c/p>\n\u003cp>“But I would call our training and us, kind of — for lack of a better phrase — ‘vibing’ off of each other and just dealing with the scene, knowing how each other works, as you know essentially some order of communication,” Officer Navarro said in his deposition. “And there was a plan in our training on how you deal with a suspect with a knife.”\u003c/p>\n\u003cp>San Francisco Police Department training changed as a direct result of the Woods shooting.\u003c/p>\n\u003cp>Malia Cohen, who represents the Bayview on the Board of Supervisors, \u003ca href=\"https://story.californiasunday.com/mario-woods-after-shooting\" target=\"_blank\" rel=\"noopener\">later said\u003c/a> the shooting resembled an “ethnically diverse firing squad.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Late Mayor Ed Lee and former Police Chief Greg Suhr promised reform and invited a federal review of the department. Former Police Commission presidents Suzy Loftus and Julius Turman spearheaded an effort to rewrite the rules governing officer use of force. The commission adopted the new rules in June 2016, a month after Suhr was forced out after two more fatal police shootings.\u003c/p>\n\u003cdiv style=\"width: 100%\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html?source=v2:2PACX-1vSlaNRw-mQjxRlKnnGNJqlE97gQe1iTdq0aXgx4iyNCKnlJ06oiy5qNh4y6Rk8VWA&font=Default&lang=en&initial_zoom=2&height=650\" width=\"100%\" height=\"650\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\n\u003c/div>\n\n",
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"excerpt": "Officers were called to testify in civil rights case arising from December 2015 incident in which Woods was shot 21 times.",
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"title": "SFPD Officers in Mario Woods Case Recount Shooting in Newly Filed Depositions | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>For the first time in the more than 2½ years since the fatal shooting of \u003ca href=\"https://www.kqed.org/news/tag/mario-woods\" target=\"_blank\" rel=\"noopener\">Mario Woods\u003c/a> jolted San Francisco and its Police Department, the five officers who opened fire on the Bayview man have testified about the fatal encounter in court depositions.\u003c/p>\n\u003cp>The city attached several hundred pages of transcripts and declarations Wednesday to a motion that essentially seeks dismissal of a federal civil rights lawsuit filed by Woods’ mother. The case is scheduled for trial later this year.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11676486/attorneys-seek-testimony-from-d-a-former-s-f-police-chief-in-mario-woods-case\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Attorneys Seek to Force DA, Former S.F. Police Chief to Testify in Mario Woods Case\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11676486/attorneys-seek-testimony-from-d-a-former-s-f-police-chief-in-mario-woods-case\" target=\"_blank\" rel=\"noopener\">\u003cimg decoding=\"async\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/SuhrGascon-1920x842-800x351.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>The documents reveal the existence of a recently surfaced cellphone video of the shooting from a different vantage point than those that became public in the hours after the shooting. They also disclose testimony from other responding police officers and from the man the 26-year-old Woods allegedly stabbed in the shoulder shortly before the late afternoon shooting.\u003c/p>\n\u003cp>“The undisputed facts support the officers’ use of force,” the city’s \u003ca href=\"https://www.documentcloud.org/documents/4781912-Motion-for-Summary-Judgment-Gov-Uscourts-Cand.html\" target=\"_blank\" rel=\"noopener\">motion for summary judgment\u003c/a> argues.\u003c/p>\n\u003cp>“The officers knew Woods had already stabbed someone in the middle of the afternoon,” the motion says. “Woods brandished an eight-inch knife when Officer August approached him, in full police uniform, and ordered him to drop his knife. Woods ignored dozens of commands to drop his knife, to get on the ground, and to stop.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>A Stabbing and a Search \u003c/strong>\u003c/p>\n\u003cp>Officers had fanned out around the southern Bayview district on Dec. 2, 2015, looking for a stabbing suspect after Marcel Gardner had driven himself to San Francisco General Hospital with a puncture wound to his left shoulder.\u003c/p>\n\u003cp>“I was minding my own business, eating a cheeseburger, hanging out with some people,” Gardner said in a November 2016 \u003ca href=\"https://www.documentcloud.org/documents/4781938-Deposition-of-Marcel-Shepard-Gardiner-Gov.html\" target=\"_blank\" rel=\"noopener\">deposition\u003c/a> filed Wednesday. He said Woods appeared intoxicated and started banging on the driver’s side window of Gardner’s parked car.\u003c/p>\n\u003cp>“All I know is, after I got out the car, I was stabbed,” Gardner said.\u003c/p>\n\u003cp>He said he drove to the hospital but hesitated to go inside “[b]ecause I didn’t want to deal with any police officers.”\u003c/p>\n\u003cp>He was eventually treated and told a sheriff’s deputy that he’d been stabbed by a “light complected male wearing a hooded sweatshirt” near his home, according to the deputy’s declaration.\u003c/p>\n\u003cp>An SFPD officer dispatched to the scene noticed a 5-foot-8 black man with a baseball hat, hoodie and a backpack. A woman later told the officer that the stabbing suspect was still in the area, and her description matched the man he’d seen earlier. But officers failed to locate him.\u003c/p>\n\u003cp>Sometime after 4 p.m., Officer Charles August spotted a potential suspect less than a half-mile north of the stabbing scene and pointed him out to his partner, Officer Brandon Thompson.\u003c/p>\n\u003cp>\u003cstrong>‘I’m Not Going With You’\u003c/strong>\u003c/p>\n\u003cp>“My partner said, ‘Hey, Brandon, that looks like it may be the guy.’ ” Thompson said in a July 26 \u003ca href=\"https://www.documentcloud.org/documents/4781928-Deposition-of-Brandon-Thompson-SFPD-AUGUST.html\" target=\"_blank\" rel=\"noopener\">deposition\u003c/a>. Thompson said he responded, ” ‘OK, partner. Let’s go over there and try to talk to him.’ ”\u003c/p>\n\u003cp>Woods was standing in line with other people waiting for a bus, holding a can of soda, according to the depositions and Muni video described in a \u003ca href=\"https://www.kqed.org/news/11670339/no-charges-s-f-da-closes-2-controversial-police-shooting-cases-that-led-to-era-of-reform\" target=\"_blank\" rel=\"noopener\">district attorney’s report\u003c/a> on the shooting.\u003c/p>\n\u003cp>August said in \u003ca href=\"https://www.documentcloud.org/documents/4781940-Deposition-of-Charles-August-Gov-Uscourts-Cand.html\" target=\"_blank\" rel=\"noopener\">his deposition\u003c/a> that when he got out of his patrol vehicle, Woods said, “I’m not going with you.”\u003c/p>\n\u003cp>“He presented the knife. I drew my firearm,” August testified. “I pointed it at him. And he said, ‘You’re going to have to squeeze that.’ ”\u003c/p>\n\u003cp>Blood recovered from the knife would later match Gardner’s DNA, according to the city’s court filings.\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">‘You Executed Him All Over Again’: Family Members Respond to S.F. DA’s Decisions in Police Shooting Cases\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">\u003cimg decoding=\"async\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS31199_alt_735-1180x1075.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Thompson remembered Woods saying, “You better squeeze that motherfucker and kill me.” But he added he didn’t think Woods was suicidal.\u003c/p>\n\u003cp>Adante Pointer, who represents Woods’ mother, Gwendolyn Woods, asked August if he took that as a suicidal statement, homicidal statement or a threat. August said no to all three questions.\u003c/p>\n\u003cp>\u003cstrong>A Call for Reinforcements\u003c/strong>\u003c/p>\n\u003cp>Woods started to walk away and the officers walked behind him. At approximately 4:33 p.m., Thompson broadcast over police radio that they were at Keith Street and Fitzgerald Avenue and that the suspect had a knife and was “coming at my partner,” according to the \u003ca href=\"https://sfdistrictattorney.org/sites/default/files/OIS%20Report_Mario%20Woods_0.pdf\" target=\"_blank\" rel=\"noopener\">DA’s report\u003c/a>. He requested that an officer respond with what the department calls an “extended-range impact weapon” — essentially a shotgun that fires beanbags or a larger launcher that fires rubber bullets — and broadcast again that Woods was pointing a knife at August.\u003c/p>\n\u003cp>Several more officers began to arrive and converge around Woods, August, Thompson and bystanders at the adjacent bus stop. Among them were Bayview Officers Nicholas Cuevas and Scott Phillips, who was in his last week of field training under Cuevas. They were just beginning their shift and had cut short a training that included videos of officer-involved shootings and assaults on police officers to respond to Thompson’s calls.\u003c/p>\n\u003cp>“We had a Muni bus, it was 4:30 in the afternoon, kids were getting off school, getting home, getting ready to eat dinner, do their homework,” Cuevas said in his \u003ca href=\"https://www.documentcloud.org/documents/4781937-Deposition-of-Nicholas-Cuevas-Gov-Uscourts-Cand.html\" target=\"_blank\" rel=\"noopener\">deposition\u003c/a>. “People are getting off work. This is a bedroom community, there is lots of people, pedestrian traffic at the time, and there was nothing to put in between us.”\u003c/p>\n\u003cp>Officers Winson Seto and Shaun Navarro arrived separately. Navarro brought along an extended-range impact weapon that fires rubber bullets.\u003c/p>\n\u003cp>The officers converged in a semicircle around Woods, whose back was to a wall. Widely circulated bystander \u003ca href=\"https://www.kqed.org/news/10786115/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\" rel=\"noopener\">video\u003c/a> shared on social media the day of the shooting begins at about this point.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/ij5TZuohoRg'\n title='//www.youtube.com/embed/ij5TZuohoRg'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>August said several officers were shouting commands at Woods, and he decided to try something else.\u003c/p>\n\u003cp>“I lowered my voice, and because he would periodically look at me and say things, I would tell him, ‘You know, just put the knife down; you know, let’s not do it this way,’ things of that sort,” August said. He said at the beginning of his deposition that he had not returned to patrol since the shooting.\u003c/p>\n\u003cp>Navarro fired four impact rounds, hitting Woods in his lower body. Another officer, Jennifer Traw, fired two beanbag rounds from a shotgun. Officer Jessie Ortiz leaned into the semicircle and pepper-sprayed Woods. But he didn’t drop the knife.\u003c/p>\n\u003cp>\u003cstrong>‘Fire in His Eye’\u003c/strong>\u003c/p>\n\u003cp>Most of the officers said in depositions that they suspected Woods was under the influence of drugs.\u003c/p>\n\u003cp>Ortiz told homicide investigators that “Mario had fire in his eye,” according to his April 18 \u003ca href=\"https://www.documentcloud.org/documents/4781930-Deposition-of-Jessie-Ortiz-SFPD-Pepper-Spray-Gov.html\" target=\"_blank\" rel=\"noopener\">deposition\u003c/a>. He was asked to explain what he meant.\u003c/p>\n\u003cp>“It’s a term I use for like if — if someone’s possibly on narcotics or they — when you go through confrontation you see when someone gets angry, you see their eyes get like really just — they the bulge out,” Ortiz said. “They have fire. I guess it’s — it’s — it’s just very intense.”\u003c/p>\n\u003cp>The city’s latest filings include a \u003ca href=\"https://www.documentcloud.org/documents/4781917-Declaratinon-of-John-Mendelson-MD-TOX-Gov.html\" target=\"_blank\" rel=\"noopener\">declaration\u003c/a> from Dr. John Mendelson, who analyzed the findings from toxicology tests run on Woods’ blood. He wrote that Woods “suffered synergistic toxicity” from a high concentration of methamphetamine and cough medicine in his system, along with antidepressants and marijuana.\u003c/p>\n\u003cp>“The poor judgment shown by Mr. Woods in this case — brandishing a knife in the presence of several police officers — is a classic example of the inability of chronic stimulant abusers to appreciate significant risk,” Mendelson wrote.\u003c/p>\n\u003cp>After the impact rounds and pepper spray, Woods can be seen on bystander video crouching down briefly before he turned and started to walk away from most of the officers. August stepped into his path.\u003c/p>\n\u003cp>“I sidestepped to my left to put a barrier between Mario and the people that I could hear behind me,” August said. “He told me that I was going to have to shoot him.”\u003c/p>\n\u003cp>\u003cstrong>Deadly Fusillade at Close Quarters\u003c/strong>\u003c/p>\n\u003cp>August said when he decided to fire, Woods was “close enough to stab or slash at me if he wanted to.”\u003c/p>\n\u003cp>The officers all said Woods never threatened any officer with the knife, nor did he make any verbal threats. They also all said they believed Woods was an imminent threat to August.\u003c/p>\n\u003cp>August, Seto, Santos, Cuevas and Phillips all fired their semiautomatic pistols in a span of four seconds. Woods was hit 20 times and grazed once on his right cheek, according to the \u003ca href=\"https://www.kqed.org/news/10861667/medical-examiners-report-on-mario-woods-shooting-released\" target=\"_blank\" rel=\"noopener\">medical examiner’s report\u003c/a> on his death.\u003c/p>\n\u003cp>One of the non-SFPD witnesses deposed in the case was a former Muni bus driver. He was about 30 feet behind the officers, according to his July 25 \u003ca href=\"https://www.documentcloud.org/documents/4782589-Deposition-of-MUNI-Gov-Uscourts-Cand-293649-115-15.html\" target=\"_blank\" rel=\"noopener\">deposition\u003c/a> testimony.\u003c/p>\n\u003cp>He recorded video with his cellphone, but didn’t share it with investigators until summer 2017.\u003c/p>\n\u003cp>“I was scared,” the driver said. “I’m in the public eye. I’m in that area. I didn’t know if there would be any backlash or repercussions for me providing that video.”\u003c/p>\n\u003cp>The video was only recently turned over to plaintiffs’ attorneys.\u003c/p>\n\u003cp>The man said was waiting to relieve another Muni driver at a stop near Third and Keith streets when he heard an officer say, “Drop the knife.”\u003c/p>\n\u003cp>He said he heard Woods say, “Fuck you. Come get it.”\u003c/p>\n\u003cp>He can be heard on the video he recorded saying, “It isn’t worth it,” according to testimony during his deposition.\u003c/p>\n\u003cp>“A knife ain’t worth your life, if they’re asking you to drop it, drop it.” he testified. “As far as what I meant, that’s what I meant.”\u003c/p>\n\u003cp>\u003cstrong>A Change in SFPD Training\u003c/strong>\u003c/p>\n\u003cp>Pointer and other attorneys for Woods’ mother pressed the officers on whether they made any plans about how they would approach the suspect and what they would do if the “less-lethal” impact rounds didn’t work. None of the officers could say who was in charge of the scene, and they said there was little to no planning before they surrounded Woods.\u003c/p>\n\u003cp>“But I would call our training and us, kind of — for lack of a better phrase — ‘vibing’ off of each other and just dealing with the scene, knowing how each other works, as you know essentially some order of communication,” Officer Navarro said in his deposition. “And there was a plan in our training on how you deal with a suspect with a knife.”\u003c/p>\n\u003cp>San Francisco Police Department training changed as a direct result of the Woods shooting.\u003c/p>\n\u003cp>Malia Cohen, who represents the Bayview on the Board of Supervisors, \u003ca href=\"https://story.californiasunday.com/mario-woods-after-shooting\" target=\"_blank\" rel=\"noopener\">later said\u003c/a> the shooting resembled an “ethnically diverse firing squad.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Late Mayor Ed Lee and former Police Chief Greg Suhr promised reform and invited a federal review of the department. Former Police Commission presidents Suzy Loftus and Julius Turman spearheaded an effort to rewrite the rules governing officer use of force. The commission adopted the new rules in June 2016, a month after Suhr was forced out after two more fatal police shootings.\u003c/p>\n\u003cdiv style=\"width: 100%\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html?source=v2:2PACX-1vSlaNRw-mQjxRlKnnGNJqlE97gQe1iTdq0aXgx4iyNCKnlJ06oiy5qNh4y6Rk8VWA&font=Default&lang=en&initial_zoom=2&height=650\" width=\"100%\" height=\"650\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\n\u003c/div>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "ICE Wades Into S.F. ‘Rideshare Rapist’ Case, Defendant Held With No Bail",
"title": "ICE Wades Into S.F. ‘Rideshare Rapist’ Case, Defendant Held With No Bail",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>\u003cstrong>Update, 3:43 p.m. Tuesday:\u003c/strong> \u003c/p>\n\u003cp>A San Francisco judge ordered an alleged serial rapist held without bail Tuesday and scheduled further hearings on the case for Thursday.\u003c/p>\n\u003cp>Orlando Vilchez Lazo, 37, was arrested last week and booked into San Francisco jail on suspicion of nearly four-dozen felonies. Prosecutors filed 12 criminal charges against him Tuesday, stemming from four separate sexual assaults — one in 2013 and three this year. He allegedly picked up women outside bars in the city's South of Market district by posing as a driver they'd ordered using a ride-hailing app, according to police.\u003c/p>\n\u003cp>In the rapes alleged this year, prosecutors charge that Vilchez Lazo used a knife to threaten women he kidnapped and raped.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.sfchronicle.com/crime/article/ICE-takes-aim-at-SF-sanctuary-city-law-in-13080448.php\" rel=\"noopener\" target=\"_blank\">San Francisco Chronicle reported\u003c/a> Tuesday that U.S. Immigration and Customs Enforcement officials are seeking to deport Vilchez Lazo to Peru. The federal agency said it lodged a request with San Francisco sheriff's deputies to turn Vilchez Lazo over to immigration authorities if he is released.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The request, known as an immigration detainer, has been found by federal courts to violate defendants' constitutional rights if it results in inmates being held for longer than they would otherwise be released, and San Francisco \"sanctuary city\" policies generally prohibit cooperation with the ICE requests.\u003c/p>\n\u003cp>Immigration officials said they expected the detention request to be ignored.\u003c/p>\n\u003cp>\"The San Francisco jail does not honor ICE detainers nor notify ICE about the impending release of aliens in its custody,\" ICE's statement says. \"In doing so, the jail not only provides a refuge for illegal aliens, but it also shields criminal aliens who prey on people in the community.”\u003c/p>\n\u003cp>Prosecutors and defense attorneys said the statement from ICE is confusing because San Francisco's sanctuary policies are not at issue in the case.\u003c/p>\n\u003cp>\"This person has no criminal history,\" district attorney's spokesman Alex Bastian said. \"This is a state-court case.\"\u003c/p>\n\u003cp>City and state laws limiting cooperation between local law enforcement and federal immigration officials would only have affected Vilchez Lazo if he had been in criminal custody before his most recent arrest and was not turned over to ICE, attorneys familiar with the case said.\u003c/p>\n\u003cp>\"This case has nothing to do with the sanctuary laws in San Francisco,\" deputy public defender Eric Quandt said outside of court Tuesday. \"It has nothing to do with Mr. Vilchez Lazo's immigration status whatsoever. This looks to be an attempt by ICE at advancing their political agenda.\"\u003c/p>\n\u003cp>The politicization of the case echoes the national fallout after the 2015 slaying of \u003ca href=\"https://www.kqed.org/news/tag/kathryn-steinle\" rel=\"noopener\" target=\"_blank\">Kathryn Steinle\u003c/a> on a pedestrian pier near San Francisco's Ferry Building. Jose Inez Garcia Zarate had been released from San Francisco jail two months before the shooting — despite an ICE detainer — and was charged with murdering Steinle.\u003c/p>\n\u003cp>Then-presidential candidate Donald \u003ca href=\"https://www.kqed.org/news/10622762/the-forgotten-tracking-two-homicides-in-san-francisco-public-housing\" rel=\"noopener\" target=\"_blank\">Trump seized\u003c/a> on the case to criticize so-called \"sanctuary cities\" and as an example of violence committed by immigrants in the country illegally.\u003c/p>\n\u003cp>Garcia Zarate was \u003ca href=\"https://www.kqed.org/news/11633296/steinle-trial-verdict\" rel=\"noopener\" target=\"_blank\">acquitted\u003c/a> of the most serious charges after his defense attorneys successfully argued that the shooting was a freak accident: Garcia Zarate had picked up an object wrapped in some kind of cloth while sitting on the pier. It was a gun stolen a few days prior from a U.S. \u003ca href=\"https://www.kqed.org/news/11624516/federal-agency-promoted-ranger-just-months-after-his-gun-was-stolen-and-used-in-steinle-killing\" rel=\"noopener\" target=\"_blank\">Bureau of Land Management ranger\u003c/a>, and it went off as he unwrapped it, ricocheting off the concrete pier and traveling another \u003ca href=\"https://www.kqed.org/news/11628705/defense-expert-shot-that-killed-kathryn-steinle-fired-from-low-to-the-ground\" rel=\"noopener\" target=\"_blank\">78 feet\u003c/a> before hitting Steinle in the back.\u003c/p>\n\u003cp>Jurors did find Garcia Zarate guilty of illegally possessing the gun. He was \u003ca href=\"https://www.kqed.org/news/11635132/defendant-in-kathryn-steinles-death-indicted-on-federal-gun-charges\" rel=\"noopener\" target=\"_blank\">subsequently charged\u003c/a> with gun possession in federal court and faces a 20-year prison sentence if convicted.\u003c/p>\n\u003cp>\u003cstrong>Original Post Friday, July 13:\u003c/strong>\u003c/p>\n\u003cp>A San Mateo man is in jail in San Francisco and facing felony charges for allegedly posing as a driver for a ride-hailing app to lure women into his car and sexually assault them.\u003c/p>\n\u003cp>Orlando Vilchez Lazo, 37, was arrested in San Mateo on Thursday under suspicion of dozens of charges stemming from four separate rapes and assaults, San Francisco police Commander Greg McEachern announced at a press conference on Friday.\u003c/p>\n\u003cp>\"These assaults were violent rapes committed by a serial rapist -- a sexual deviant predator who was not going to stop until he was caught,\" McEachern said, his voice beginning to shake. He apologized for becoming emotional. \"This is the exact thing that everyone fears could happen in this city.\"\u003c/p>\n\u003cp>The first assault was reported in 2013, McEachern said, and the then-unknown assailant's DNA profile was uploaded into a national criminal database. But it didn't match any existing profiles.\u003c/p>\n\u003cp>All investigators knew was that an unidentified man had pulled up to a local bar and pretended to be the driver a woman had booked via a \"common rideshare company.\" Police didn't identify which service was involved but said multiple companies cooperated in the investigation.\u003c/p>\n\u003cp>\"Instead of going home safely and arriving, the driver of that vehicle, on a ruse that he was a rideshare driver, took that victim to another location and sexually assaulted her,\" McEachern said.\u003c/p>\n\u003cp>The case sat dormant for five years, and then in late February, it happened again. DNA from that case, as well as the tactics involved, matched the case from 2013.\u003c/p>\n\u003cp>The suspect had a sticker or placard identifying him as an app-service driver, police said, and he appears to have used different vehicles in the attacks, according to descriptions from the survivors.\u003c/p>\n\u003cp>Another woman reported a third rape about a week later, and again, the forensics and M.O. matched.\u003c/p>\n\u003cp>That's when the Police Department launched a task force and named the case the \"Rideshare Rapist series,\" McEachern said. The task force included several SFPD divisions as well as the district attorney's office and assistance from the FBI.\u003c/p>\n\u003cfigure id=\"attachment_11680564\" class=\"wp-caption alignright\" style=\"max-width: 480px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/07/Orlando-Vilchezlazo.jpg\" alt=\"Orlando Vilchez Lazo, 37, was arrested in San Mateo on Thursday under suspicion of dozens of charges stemming from four separate rapes and assaults.\" width=\"480\" height=\"600\" class=\"size-full wp-image-11680564\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/07/Orlando-Vilchezlazo.jpg 480w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/Orlando-Vilchezlazo-160x200.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/Orlando-Vilchezlazo-240x300.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/Orlando-Vilchezlazo-375x469.jpg 375w\" sizes=\"(max-width: 480px) 100vw, 480px\">\u003cfigcaption class=\"wp-caption-text\">Orlando Vilchez Lazo, 37, was arrested in San Mateo on Thursday under suspicion of dozens of charges stemming from four separate rapes and assaults. \u003ccite>(Courtesy of SFPD)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"The duties of those task force officers were to author numerous search warrants, follow all investigative leads that we had up to that point, conduct undercover and uniform surveillance and to follow every lead that we could to every location that we could imagine,\" McEachern said. \"We went as far south as San Jose and as far east as Stockton on leads over the last couple of months.\"\u003c/p>\n\u003cp>But investigators didn't find their suspect, and a fourth woman reported a sexual assault in June — same tactics, same DNA. The suspect allegedly used a knife to threaten his target, police said.\u003c/p>\n\u003cp>McEachern said the final break in the case came over the weekend, when undercover officers staking out bars in the South of Market neighborhood, where the suspect had operated before, spotted \"an individual whose behavior and M.O. matched the description from the four previous sexual assaults.\"\u003c/p>\n\u003cp>Officers pulled Orlando Vilchez Lazo over and somehow collected a DNA sample from him. McEachern declined to elaborate on how the sample was obtained, but he said Vilchez Lazo provided it knowingly.\u003c/p>\n\u003cp>SFPD's crime lab matched the sample to the most recent rape on Tuesday.\u003c/p>\n\u003cp>\"We knew we had the same suspect for all four rapes,\" McEachern said. \"It’s hard to say what was in the mind of an individual like this, but the fact that he’s committed these four rapes over five years led us to believe he was a very dangerous person who wasn’t going to stop until we caught him.\"\u003c/p>\n\u003cp>Vilchez Lazo was arrested Thursday in San Mateo and booked into San Francisco jail under suspicion of dozens of felonies, including false imprisonment, kidnapping, assault with intent to commit rape, sexual penetration with a foreign object and rape, according to the Police Department. He was being held on $4.3 million bail, according to Sheriff's Department records.\u003c/p>\n\u003cp>Police couldn't immediately explain the five-year gap in the alleged assaults, but they are asking anyone with information about similar crimes to come forward.\u003c/p>\n\u003cp>\"We believe there are other victims that may be out there,\" McEachern said.\u003c/p>\n\u003cp>Vilchez Lazo has no known criminal record, according to police, and they've been unable to verify whether Vilchez Lazo had ever worked for a ride-hailing company.\u003c/p>\n\u003cp>He appears to have answered a survey conducted by the California Public Utilities Commission in August of 2016, asking respondents for their feelings on whether prospective ride-hailing drivers should be required to submit to fingerprinting. A San Mateo resident with the name Orlando Vilchez voted \"No.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>This post includes reporting from The Associated Press.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update, 3:43 p.m. Tuesday:\u003c/strong> \u003c/p>\n\u003cp>A San Francisco judge ordered an alleged serial rapist held without bail Tuesday and scheduled further hearings on the case for Thursday.\u003c/p>\n\u003cp>Orlando Vilchez Lazo, 37, was arrested last week and booked into San Francisco jail on suspicion of nearly four-dozen felonies. Prosecutors filed 12 criminal charges against him Tuesday, stemming from four separate sexual assaults — one in 2013 and three this year. He allegedly picked up women outside bars in the city's South of Market district by posing as a driver they'd ordered using a ride-hailing app, according to police.\u003c/p>\n\u003cp>In the rapes alleged this year, prosecutors charge that Vilchez Lazo used a knife to threaten women he kidnapped and raped.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.sfchronicle.com/crime/article/ICE-takes-aim-at-SF-sanctuary-city-law-in-13080448.php\" rel=\"noopener\" target=\"_blank\">San Francisco Chronicle reported\u003c/a> Tuesday that U.S. Immigration and Customs Enforcement officials are seeking to deport Vilchez Lazo to Peru. The federal agency said it lodged a request with San Francisco sheriff's deputies to turn Vilchez Lazo over to immigration authorities if he is released.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The request, known as an immigration detainer, has been found by federal courts to violate defendants' constitutional rights if it results in inmates being held for longer than they would otherwise be released, and San Francisco \"sanctuary city\" policies generally prohibit cooperation with the ICE requests.\u003c/p>\n\u003cp>Immigration officials said they expected the detention request to be ignored.\u003c/p>\n\u003cp>\"The San Francisco jail does not honor ICE detainers nor notify ICE about the impending release of aliens in its custody,\" ICE's statement says. \"In doing so, the jail not only provides a refuge for illegal aliens, but it also shields criminal aliens who prey on people in the community.”\u003c/p>\n\u003cp>Prosecutors and defense attorneys said the statement from ICE is confusing because San Francisco's sanctuary policies are not at issue in the case.\u003c/p>\n\u003cp>\"This person has no criminal history,\" district attorney's spokesman Alex Bastian said. \"This is a state-court case.\"\u003c/p>\n\u003cp>City and state laws limiting cooperation between local law enforcement and federal immigration officials would only have affected Vilchez Lazo if he had been in criminal custody before his most recent arrest and was not turned over to ICE, attorneys familiar with the case said.\u003c/p>\n\u003cp>\"This case has nothing to do with the sanctuary laws in San Francisco,\" deputy public defender Eric Quandt said outside of court Tuesday. \"It has nothing to do with Mr. Vilchez Lazo's immigration status whatsoever. This looks to be an attempt by ICE at advancing their political agenda.\"\u003c/p>\n\u003cp>The politicization of the case echoes the national fallout after the 2015 slaying of \u003ca href=\"https://www.kqed.org/news/tag/kathryn-steinle\" rel=\"noopener\" target=\"_blank\">Kathryn Steinle\u003c/a> on a pedestrian pier near San Francisco's Ferry Building. Jose Inez Garcia Zarate had been released from San Francisco jail two months before the shooting — despite an ICE detainer — and was charged with murdering Steinle.\u003c/p>\n\u003cp>Then-presidential candidate Donald \u003ca href=\"https://www.kqed.org/news/10622762/the-forgotten-tracking-two-homicides-in-san-francisco-public-housing\" rel=\"noopener\" target=\"_blank\">Trump seized\u003c/a> on the case to criticize so-called \"sanctuary cities\" and as an example of violence committed by immigrants in the country illegally.\u003c/p>\n\u003cp>Garcia Zarate was \u003ca href=\"https://www.kqed.org/news/11633296/steinle-trial-verdict\" rel=\"noopener\" target=\"_blank\">acquitted\u003c/a> of the most serious charges after his defense attorneys successfully argued that the shooting was a freak accident: Garcia Zarate had picked up an object wrapped in some kind of cloth while sitting on the pier. It was a gun stolen a few days prior from a U.S. \u003ca href=\"https://www.kqed.org/news/11624516/federal-agency-promoted-ranger-just-months-after-his-gun-was-stolen-and-used-in-steinle-killing\" rel=\"noopener\" target=\"_blank\">Bureau of Land Management ranger\u003c/a>, and it went off as he unwrapped it, ricocheting off the concrete pier and traveling another \u003ca href=\"https://www.kqed.org/news/11628705/defense-expert-shot-that-killed-kathryn-steinle-fired-from-low-to-the-ground\" rel=\"noopener\" target=\"_blank\">78 feet\u003c/a> before hitting Steinle in the back.\u003c/p>\n\u003cp>Jurors did find Garcia Zarate guilty of illegally possessing the gun. He was \u003ca href=\"https://www.kqed.org/news/11635132/defendant-in-kathryn-steinles-death-indicted-on-federal-gun-charges\" rel=\"noopener\" target=\"_blank\">subsequently charged\u003c/a> with gun possession in federal court and faces a 20-year prison sentence if convicted.\u003c/p>\n\u003cp>\u003cstrong>Original Post Friday, July 13:\u003c/strong>\u003c/p>\n\u003cp>A San Mateo man is in jail in San Francisco and facing felony charges for allegedly posing as a driver for a ride-hailing app to lure women into his car and sexually assault them.\u003c/p>\n\u003cp>Orlando Vilchez Lazo, 37, was arrested in San Mateo on Thursday under suspicion of dozens of charges stemming from four separate rapes and assaults, San Francisco police Commander Greg McEachern announced at a press conference on Friday.\u003c/p>\n\u003cp>\"These assaults were violent rapes committed by a serial rapist -- a sexual deviant predator who was not going to stop until he was caught,\" McEachern said, his voice beginning to shake. He apologized for becoming emotional. \"This is the exact thing that everyone fears could happen in this city.\"\u003c/p>\n\u003cp>The first assault was reported in 2013, McEachern said, and the then-unknown assailant's DNA profile was uploaded into a national criminal database. But it didn't match any existing profiles.\u003c/p>\n\u003cp>All investigators knew was that an unidentified man had pulled up to a local bar and pretended to be the driver a woman had booked via a \"common rideshare company.\" Police didn't identify which service was involved but said multiple companies cooperated in the investigation.\u003c/p>\n\u003cp>\"Instead of going home safely and arriving, the driver of that vehicle, on a ruse that he was a rideshare driver, took that victim to another location and sexually assaulted her,\" McEachern said.\u003c/p>\n\u003cp>The case sat dormant for five years, and then in late February, it happened again. DNA from that case, as well as the tactics involved, matched the case from 2013.\u003c/p>\n\u003cp>The suspect had a sticker or placard identifying him as an app-service driver, police said, and he appears to have used different vehicles in the attacks, according to descriptions from the survivors.\u003c/p>\n\u003cp>Another woman reported a third rape about a week later, and again, the forensics and M.O. matched.\u003c/p>\n\u003cp>That's when the Police Department launched a task force and named the case the \"Rideshare Rapist series,\" McEachern said. The task force included several SFPD divisions as well as the district attorney's office and assistance from the FBI.\u003c/p>\n\u003cfigure id=\"attachment_11680564\" class=\"wp-caption alignright\" style=\"max-width: 480px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/07/Orlando-Vilchezlazo.jpg\" alt=\"Orlando Vilchez Lazo, 37, was arrested in San Mateo on Thursday under suspicion of dozens of charges stemming from four separate rapes and assaults.\" width=\"480\" height=\"600\" class=\"size-full wp-image-11680564\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/07/Orlando-Vilchezlazo.jpg 480w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/Orlando-Vilchezlazo-160x200.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/Orlando-Vilchezlazo-240x300.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/07/Orlando-Vilchezlazo-375x469.jpg 375w\" sizes=\"(max-width: 480px) 100vw, 480px\">\u003cfigcaption class=\"wp-caption-text\">Orlando Vilchez Lazo, 37, was arrested in San Mateo on Thursday under suspicion of dozens of charges stemming from four separate rapes and assaults. \u003ccite>(Courtesy of SFPD)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"The duties of those task force officers were to author numerous search warrants, follow all investigative leads that we had up to that point, conduct undercover and uniform surveillance and to follow every lead that we could to every location that we could imagine,\" McEachern said. \"We went as far south as San Jose and as far east as Stockton on leads over the last couple of months.\"\u003c/p>\n\u003cp>But investigators didn't find their suspect, and a fourth woman reported a sexual assault in June — same tactics, same DNA. The suspect allegedly used a knife to threaten his target, police said.\u003c/p>\n\u003cp>McEachern said the final break in the case came over the weekend, when undercover officers staking out bars in the South of Market neighborhood, where the suspect had operated before, spotted \"an individual whose behavior and M.O. matched the description from the four previous sexual assaults.\"\u003c/p>\n\u003cp>Officers pulled Orlando Vilchez Lazo over and somehow collected a DNA sample from him. McEachern declined to elaborate on how the sample was obtained, but he said Vilchez Lazo provided it knowingly.\u003c/p>\n\u003cp>SFPD's crime lab matched the sample to the most recent rape on Tuesday.\u003c/p>\n\u003cp>\"We knew we had the same suspect for all four rapes,\" McEachern said. \"It’s hard to say what was in the mind of an individual like this, but the fact that he’s committed these four rapes over five years led us to believe he was a very dangerous person who wasn’t going to stop until we caught him.\"\u003c/p>\n\u003cp>Vilchez Lazo was arrested Thursday in San Mateo and booked into San Francisco jail under suspicion of dozens of felonies, including false imprisonment, kidnapping, assault with intent to commit rape, sexual penetration with a foreign object and rape, according to the Police Department. He was being held on $4.3 million bail, according to Sheriff's Department records.\u003c/p>\n\u003cp>Police couldn't immediately explain the five-year gap in the alleged assaults, but they are asking anyone with information about similar crimes to come forward.\u003c/p>\n\u003cp>\"We believe there are other victims that may be out there,\" McEachern said.\u003c/p>\n\u003cp>Vilchez Lazo has no known criminal record, according to police, and they've been unable to verify whether Vilchez Lazo had ever worked for a ride-hailing company.\u003c/p>\n\u003cp>He appears to have answered a survey conducted by the California Public Utilities Commission in August of 2016, asking respondents for their feelings on whether prospective ride-hailing drivers should be required to submit to fingerprinting. A San Mateo resident with the name Orlando Vilchez voted \"No.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This post includes reporting from The Associated Press.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Attorneys Seek to Force DA, Former S.F. Police Chief to Testify in Mario Woods Case",
"title": "Attorneys Seek to Force DA, Former S.F. Police Chief to Testify in Mario Woods Case",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>Attorneys representing \u003ca href=\"https://www.kqed.org/news/tag/mario-woods\" target=\"_blank\" rel=\"noopener\">Mario Woods\u003c/a>’ mother are trying to force former San Francisco Police Chief Greg Suhr and current District Attorney George Gascón to give sworn testimony in a federal civil rights case over the fatal 2015 police shooting.\u003c/p>\n\u003cp>It’s part of a long-shot legal strategy to hold the city and high-ranking law enforcement officials liable for Woods' death, which sent a shock wave through the SFPD that eventually led to \u003ca href=\"https://www.kqed.org/news/10961193/suhr-resigns-after-series-of-fatal-officer-involved-shootings\" target=\"_blank\" rel=\"noopener\">Suhr's resignation\u003c/a> and a sweeping effort to reform the Police Department.\u003c/p>\n\u003cp>\"We’re trying to stop the bloodshed,\" said Gwendolyn Woods' attorney, Adante Pointer. \"What we see here is too many shootings that are going unpunished, undisciplined, unchecked, and we think there is definitely a culture of permissiveness at the San Francisco Police Department.\"\u003c/p>\n\u003cp>Both Suhr and Gascón, represented by San Francisco deputy city attorneys, have objected to subpoenas for their depositions.\u003c/p>\n\u003cp>\"Chief Suhr and District Attorney Gascón didn’t witness the shooting,\" city attorney's spokesman John Coté wrote in an emailed response. \"They don’t have facts that no one else has. This attempt to depose them is simply a transparent effort to harass current or former officials.\"\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">'You Executed Him All Over Again': Family Members Respond to S.F. DA's Decisions in Police Shooting Cases\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS31199_alt_735-1180x1075.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp style=\"text-align: left\">'Don't give my story nonchalantly,' Gwendolyn Woods pleaded to reporters.\u003c/p>\n\u003c/aside>\n\u003cp>Gascón called the slaying of Woods \"disturbing\" and \"unnecessary\" when he \u003ca href=\"https://www.kqed.org/news/11670339/no-charges-s-f-da-closes-2-controversial-police-shooting-cases-that-led-to-era-of-reform\" target=\"_blank\" rel=\"noopener\">announced his decision\u003c/a> a month ago not to file criminal charges against the officers involved. He said the state of the law prevented him from charging the officers because \"no crime was committed\" -- a conclusion that Gwendolyn Woods' attorney, John Burris, disputes.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"He’s flat wrong,\" Burris said. \"The state of the law doesn’t allow you to just shoot somebody without justification -- police or not.\"\u003c/p>\n\u003cp>Mario Woods, a 26-year-old African-American, allegedly stabbed another man earlier on Dec. 2, 2015, when two patrol officers confronted him near a bus stop in the Bayview District. They would later tell investigators he brandished a knife and walked away.\u003c/p>\n\u003cp>Bystander video of the shooting starts after more officers arrived and deployed in a semicircle around Woods, who had a building at his back. Officers fired beanbag rounds at him and used pepper spray. Those measures appeared to slow Woods, but he didn't drop the knife. As he appears on the video to attempt to walk away, Officer Charles August stepped into his path, between Woods and a group of bystanders down the street.\u003c/p>\n\u003cp>\"Officer August stated he believed Woods posed a potential danger to the civilians and might take one as a hostage,\" the district attorney's report on the shooting says. \"According to August, Woods never raised his voice, but kept repeating, 'You're gonna have to shoot me.' \"\u003c/p>\n\u003cp>August and four other officers fired, hitting Woods 20 times and grazing him once, according to an autopsy. Toxicology tests found methamphetamine and other drugs in his system.\u003c/p>\n\u003cp>In the days following the shooting, former Police Chief Greg Suhr said at a town hall meeting that the bystander video showed Woods raise the knife as he moved toward an officer.\u003c/p>\n\u003cp>\"The officer fearing for his safety ... he fired in defense of himself and the other four officers fired in defense of that officer,\" Suhr told the meeting.\u003c/p>\n\u003cp>A \u003ca href=\"https://www.kqed.org/news/10786115/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\" rel=\"noopener\">KQED analysis\u003c/a> of the video indicated that Woods' hand did not rise until after he was shot and began to fall backward. Gwendolyn Woods' attorneys reached the same conclusion several days later, as did Gascón last month.\u003c/p>\n\u003cp>https://youtu.be/ij5TZuohoRg\u003c/p>\n\u003cp>The legal mechanism to hold the city and high-ranking officials liable for Woods' death is called a Monell claim -- after a 1978 U.S. Supreme Court ruling.\u003c/p>\n\u003cp>The claim in the Woods case alleges San Francisco \"has engaged in a pattern and practice of excessive force, failure to discipline and ratification of police misconduct, which proximately caused the police shooting of Mario Woods,\" according to recent filings in the case.\u003c/p>\n\u003cp>University of San Francisco law professor Lara Bazelon said Monell claims are typically very hard to prove. But several scandals surrounding the SFPD before and after Woods' death bolster the strategy in this case, she said -- most importantly, Suhr's statements directly following the shooting.\u003c/p>\n\u003cp>\"That actually underscores why this case may be different,\" Bazelon said. \"Chief Suhr presided over a very tumultuous tenure, in which not only were there fatal uses of force by police against people of color under extremely controversial circumstances, there was also the scandal involving racist and homophobic text messages.\"\u003c/p>\n\u003cp>Woods' attorneys reference in their arguments the wide-ranging case of racist, homophobic and otherwise inappropriate \u003ca href=\"https://www.kqed.org/news/tag/sfpd-text-messaging-scandal\" target=\"_blank\" rel=\"noopener\">text messages\u003c/a> sent by other officers that came to light in spring of 2015, several months before Woods was shot. The city attempted to fire several of the officers, but that effort was delayed for three years through a legal challenge funded by the police officers union.\u003c/p>\n\u003cp>In the months after Woods was shot, Suhr and former Mayor Ed Lee requested \u003ca href=\"https://www.kqed.org/news/10825067/s-f-mayor-pushes-police-to-fast-track-use-of-force-reform-chief-calls-in-feds\" target=\"_blank\" rel=\"noopener\">different types of intervention\u003c/a> from the U.S. Department of Justice while the city's Police Commission rewrote SFPD's 20-year-old use-of-force rules. The DOJ's Office of Community Oriented Policing Services eventually conducted a \u003ca href=\"https://www.kqed.org/news/11126015/federal-review-of-sfpd-finds-major-faults-in-every-area-assessed\" target=\"_blank\" rel=\"noopener\">review that found deficiencies\u003c/a> throughout the SFPD. That's something else cited in Woods' arguments.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11670339/no-charges-s-f-da-closes-2-controversial-police-shooting-cases-that-led-to-era-of-reform\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">No Charges: S.F. DA Closes Two Controversial Police Shooting Cases That Led to Era of Reform\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11670339/no-charges-s-f-da-closes-2-controversial-police-shooting-cases-that-led-to-era-of-reform\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS19088_IMG_4926-qut-1180x885.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp>San Francisco District Attorney George Gascón calls fatal shootings of Mario Woods and Luis Góngora 'disturbing' and 'unnecessary' -- but says legal standard for charging police officers makes it impossible to file charges.\u003c/p>\n\u003c/aside>\n\u003cp>\"The Monell claim in this case is frivolous and should be dismissed,\" city attorney's spokesman Coté said via email. \"The San Francisco Police Department’s policies and practices have long conformed to constitutional standards. That has been proven in case after case for years. Changing a policy is not an indication it was unconstitutional.\"\u003c/p>\n\u003cp>There are indications that federal Judge William Orrick is not as dismissive of Woods' Monell claim as the city attorney's office is: He has already allowed it to continue as part of the overall case instead of granting the city's request to split it off and address potential liability of city officials only if the officers' conduct is found to have violated Woods' constitutional rights.\u003c/p>\n\u003cp>Surprisingly, at least a part of the city attorney's office and Woods' attorneys agree on one issue: Both sides want the district attorney's case file on his investigation into the shooting. Represented by another part of the city attorney's office, Gascón objected.\u003c/p>\n\u003cp>\"The parties are presently meeting and conferring with counsel for the district attorney, but anticipate the issue will require court intervention,\" a recent case management statement says.\u003c/p>\n\u003cp>USF's Bazelon said Woods' Monell claim \"raises an extremely important issue.\"\u003c/p>\n\u003cp>\"[It] makes a big difference in terms of what we as the public get to know about how our police officers are responding in situations like this, which are fraught and complicated and where lives are on the line,\" she said. \"If you get Greg Suhr on the witness stand in a trial, that opens up a public reckoning that we wouldn’t otherwise ever have, certainly not under the criminal justice system given that there is not going to be a prosecution in this case and likely any of the others.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Both parties are scheduled soon to file further briefs about the Suhr and Gascón depositions, as well as other disputes in the case. If Orrick doesn't rule based on the filings, the parties are scheduled for a hearing on June 28.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Attorneys representing \u003ca href=\"https://www.kqed.org/news/tag/mario-woods\" target=\"_blank\" rel=\"noopener\">Mario Woods\u003c/a>’ mother are trying to force former San Francisco Police Chief Greg Suhr and current District Attorney George Gascón to give sworn testimony in a federal civil rights case over the fatal 2015 police shooting.\u003c/p>\n\u003cp>It’s part of a long-shot legal strategy to hold the city and high-ranking law enforcement officials liable for Woods' death, which sent a shock wave through the SFPD that eventually led to \u003ca href=\"https://www.kqed.org/news/10961193/suhr-resigns-after-series-of-fatal-officer-involved-shootings\" target=\"_blank\" rel=\"noopener\">Suhr's resignation\u003c/a> and a sweeping effort to reform the Police Department.\u003c/p>\n\u003cp>\"We’re trying to stop the bloodshed,\" said Gwendolyn Woods' attorney, Adante Pointer. \"What we see here is too many shootings that are going unpunished, undisciplined, unchecked, and we think there is definitely a culture of permissiveness at the San Francisco Police Department.\"\u003c/p>\n\u003cp>Both Suhr and Gascón, represented by San Francisco deputy city attorneys, have objected to subpoenas for their depositions.\u003c/p>\n\u003cp>\"Chief Suhr and District Attorney Gascón didn’t witness the shooting,\" city attorney's spokesman John Coté wrote in an emailed response. \"They don’t have facts that no one else has. This attempt to depose them is simply a transparent effort to harass current or former officials.\"\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">'You Executed Him All Over Again': Family Members Respond to S.F. DA's Decisions in Police Shooting Cases\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS31199_alt_735-1180x1075.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp style=\"text-align: left\">'Don't give my story nonchalantly,' Gwendolyn Woods pleaded to reporters.\u003c/p>\n\u003c/aside>\n\u003cp>Gascón called the slaying of Woods \"disturbing\" and \"unnecessary\" when he \u003ca href=\"https://www.kqed.org/news/11670339/no-charges-s-f-da-closes-2-controversial-police-shooting-cases-that-led-to-era-of-reform\" target=\"_blank\" rel=\"noopener\">announced his decision\u003c/a> a month ago not to file criminal charges against the officers involved. He said the state of the law prevented him from charging the officers because \"no crime was committed\" -- a conclusion that Gwendolyn Woods' attorney, John Burris, disputes.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"He’s flat wrong,\" Burris said. \"The state of the law doesn’t allow you to just shoot somebody without justification -- police or not.\"\u003c/p>\n\u003cp>Mario Woods, a 26-year-old African-American, allegedly stabbed another man earlier on Dec. 2, 2015, when two patrol officers confronted him near a bus stop in the Bayview District. They would later tell investigators he brandished a knife and walked away.\u003c/p>\n\u003cp>Bystander video of the shooting starts after more officers arrived and deployed in a semicircle around Woods, who had a building at his back. Officers fired beanbag rounds at him and used pepper spray. Those measures appeared to slow Woods, but he didn't drop the knife. As he appears on the video to attempt to walk away, Officer Charles August stepped into his path, between Woods and a group of bystanders down the street.\u003c/p>\n\u003cp>\"Officer August stated he believed Woods posed a potential danger to the civilians and might take one as a hostage,\" the district attorney's report on the shooting says. \"According to August, Woods never raised his voice, but kept repeating, 'You're gonna have to shoot me.' \"\u003c/p>\n\u003cp>August and four other officers fired, hitting Woods 20 times and grazing him once, according to an autopsy. Toxicology tests found methamphetamine and other drugs in his system.\u003c/p>\n\u003cp>In the days following the shooting, former Police Chief Greg Suhr said at a town hall meeting that the bystander video showed Woods raise the knife as he moved toward an officer.\u003c/p>\n\u003cp>\"The officer fearing for his safety ... he fired in defense of himself and the other four officers fired in defense of that officer,\" Suhr told the meeting.\u003c/p>\n\u003cp>A \u003ca href=\"https://www.kqed.org/news/10786115/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\" rel=\"noopener\">KQED analysis\u003c/a> of the video indicated that Woods' hand did not rise until after he was shot and began to fall backward. Gwendolyn Woods' attorneys reached the same conclusion several days later, as did Gascón last month.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/ij5TZuohoRg'\n title='//www.youtube.com/embed/ij5TZuohoRg'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>The legal mechanism to hold the city and high-ranking officials liable for Woods' death is called a Monell claim -- after a 1978 U.S. Supreme Court ruling.\u003c/p>\n\u003cp>The claim in the Woods case alleges San Francisco \"has engaged in a pattern and practice of excessive force, failure to discipline and ratification of police misconduct, which proximately caused the police shooting of Mario Woods,\" according to recent filings in the case.\u003c/p>\n\u003cp>University of San Francisco law professor Lara Bazelon said Monell claims are typically very hard to prove. But several scandals surrounding the SFPD before and after Woods' death bolster the strategy in this case, she said -- most importantly, Suhr's statements directly following the shooting.\u003c/p>\n\u003cp>\"That actually underscores why this case may be different,\" Bazelon said. \"Chief Suhr presided over a very tumultuous tenure, in which not only were there fatal uses of force by police against people of color under extremely controversial circumstances, there was also the scandal involving racist and homophobic text messages.\"\u003c/p>\n\u003cp>Woods' attorneys reference in their arguments the wide-ranging case of racist, homophobic and otherwise inappropriate \u003ca href=\"https://www.kqed.org/news/tag/sfpd-text-messaging-scandal\" target=\"_blank\" rel=\"noopener\">text messages\u003c/a> sent by other officers that came to light in spring of 2015, several months before Woods was shot. The city attempted to fire several of the officers, but that effort was delayed for three years through a legal challenge funded by the police officers union.\u003c/p>\n\u003cp>In the months after Woods was shot, Suhr and former Mayor Ed Lee requested \u003ca href=\"https://www.kqed.org/news/10825067/s-f-mayor-pushes-police-to-fast-track-use-of-force-reform-chief-calls-in-feds\" target=\"_blank\" rel=\"noopener\">different types of intervention\u003c/a> from the U.S. Department of Justice while the city's Police Commission rewrote SFPD's 20-year-old use-of-force rules. The DOJ's Office of Community Oriented Policing Services eventually conducted a \u003ca href=\"https://www.kqed.org/news/11126015/federal-review-of-sfpd-finds-major-faults-in-every-area-assessed\" target=\"_blank\" rel=\"noopener\">review that found deficiencies\u003c/a> throughout the SFPD. That's something else cited in Woods' arguments.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11670339/no-charges-s-f-da-closes-2-controversial-police-shooting-cases-that-led-to-era-of-reform\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">No Charges: S.F. DA Closes Two Controversial Police Shooting Cases That Led to Era of Reform\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11670339/no-charges-s-f-da-closes-2-controversial-police-shooting-cases-that-led-to-era-of-reform\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS19088_IMG_4926-qut-1180x885.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp>San Francisco District Attorney George Gascón calls fatal shootings of Mario Woods and Luis Góngora 'disturbing' and 'unnecessary' -- but says legal standard for charging police officers makes it impossible to file charges.\u003c/p>\n\u003c/aside>\n\u003cp>\"The Monell claim in this case is frivolous and should be dismissed,\" city attorney's spokesman Coté said via email. \"The San Francisco Police Department’s policies and practices have long conformed to constitutional standards. That has been proven in case after case for years. Changing a policy is not an indication it was unconstitutional.\"\u003c/p>\n\u003cp>There are indications that federal Judge William Orrick is not as dismissive of Woods' Monell claim as the city attorney's office is: He has already allowed it to continue as part of the overall case instead of granting the city's request to split it off and address potential liability of city officials only if the officers' conduct is found to have violated Woods' constitutional rights.\u003c/p>\n\u003cp>Surprisingly, at least a part of the city attorney's office and Woods' attorneys agree on one issue: Both sides want the district attorney's case file on his investigation into the shooting. Represented by another part of the city attorney's office, Gascón objected.\u003c/p>\n\u003cp>\"The parties are presently meeting and conferring with counsel for the district attorney, but anticipate the issue will require court intervention,\" a recent case management statement says.\u003c/p>\n\u003cp>USF's Bazelon said Woods' Monell claim \"raises an extremely important issue.\"\u003c/p>\n\u003cp>\"[It] makes a big difference in terms of what we as the public get to know about how our police officers are responding in situations like this, which are fraught and complicated and where lives are on the line,\" she said. \"If you get Greg Suhr on the witness stand in a trial, that opens up a public reckoning that we wouldn’t otherwise ever have, certainly not under the criminal justice system given that there is not going to be a prosecution in this case and likely any of the others.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Both parties are scheduled soon to file further briefs about the Suhr and Gascón depositions, as well as other disputes in the case. If Orrick doesn't rule based on the filings, the parties are scheduled for a hearing on June 28.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "SFPD Officer in North Beach Incident Killed Teenager in Controversial 2012 Shooting",
"title": "SFPD Officer in North Beach Incident Killed Teenager in Controversial 2012 Shooting",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>The SFPD officer who \u003ca href=\"https://www.kqed.org/news/11675042/bodycam-footage-shows-sfpd-officer-shooting-man-in-the-back\">shot a fleeing man in the back\u003c/a> earlier this month has been the target of several civil rights lawsuits -- including a pair involving a 2012 incident in which he shot and killed a 15-year-old boy while serving on the South San Francisco Police Department.\u003c/p>\n\u003cp>The SFPD on Tuesday identified Joshua Cabillo as the officer who shot 28-year-old Oliver Barcenas early June 9 in San Francisco's North Beach neighborhood. Police say Barcenas was carrying a semi-automatic handgun at the time of the shooting, which was captured on \u003ca href=\"https://vimeo.com/275146772\">bodycam video\u003c/a> released last week.\u003c/p>\n\u003cp>According to federal court documents, Cabillo has been the subject of four civil rights lawsuits in the past six years. Two were related to the fatal shooting of 15-year-old Derrick Gaines in South San Francisco. Two more suits arose from a pair of incidents in 2015 when, as a member of the SFPD, Cabillo and other officers were accused of abusing suspects during arrests.\u003c/p>\n\u003cp>Cabillo shot Gaines on June 5, 2012, after stopping him and another teenager at a gas station for what he believed was suspicious behavior. Gaines ran, and Cabillo said he saw a gun in the teen's waistband. He gave chase and, striking Gaines in the back of the head with his service weapon, knocked him to the ground. As Gaines tumbled to the ground, a .45 revolver fell from his waistband. In an account reportedly corroborated by a witness at the gas station, Cabillo told investigators he shot Gaines in the neck when the youth appeared to reach for the .45.\u003c/p>\n\u003cp>Tests later determined that Gaines had cocaine and methamphetamine in his blood at the time of the incident. His weapon lacked a firing pin and could not have been fired.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>An investigation by the San Mateo County District Attorney's Office \u003ca href=\"https://www.smdailyjournal.com/news/local/da-teen-shooting-justified/article_67373b95-ddae-52de-a454-b98beb4969e6.html\" target=\"_blank\" rel=\"noopener\">found\u003c/a> the shooting was justified.\u003c/p>\n\u003cp>The episode led to a $10 million civil rights lawsuit by Gaines' family alleging the shooting was motivated by racial bias. The suit was settled for $250,000 in 2014. As is typical in most settled cases, the city did not admit wrongdoing. A second suit filed over the Gaines shooting was dismissed on procedural grounds.\u003c/p>\n\u003cp>Cabillo joined the San Francisco Police Department in 2013.\u003c/p>\n\u003cp>In a 2015 suit that also alleged racial bias, Cabillo and other officers were accused of punching, body-slamming and twisting the arm of Travis Hall, 23, after a traffic stop in the South of Market neighborhood. \u003ca href=\"https://sfbos.org/sites/default/files/o0195-16.pdf\">Records show\u003c/a> the city paid $40,000 to settle the case with Hall, an African-American who was then a graphic arts student.\u003c/p>\n\u003cp>In a suit arising from a separate 2015 incident, Cabillo and another officer were accused of detaining a man, Bryant Chappell, near 22nd and Mission streets, and throwing him to the sidewalk. Chappell, who reportedly suffered a broken nose and facial abrasions, was charged with resisting arrest. That charge was not prosecuted, and the city settled the case for an undisclosed amount.\u003c/p>\n\u003cp>The city did not admit wrongdoing in either the Hall or Chappell cases.\u003c/p>\n\u003cp>A spokesman for the SFPD had no comment on the suits against Officer Cabillo during his time with the department. When asked about the 2012 shooting, the spokesman said Cabillo's prior employment is a personnel matter and confidential under California law.\u003c/p>\n\u003cp>Cabillo's most recent incident began just after midnight June 9 at the corner of Grant Avenue and Vallejo Street when he and a second, unidentified officer approached a group of four men they believed were drinking in public.\u003c/p>\n\u003cp>In bodycam footage, Cabillo can be heard speaking with the four men about open alcohol containers and saying, \"No one's going anywhere,\" as Barcenas appeared to edge away from the group. The video then shows Barcenas turning and running along Grant Avenue. Cabillo chases Barcenas on foot.\u003c/p>\n\u003cp>Police say that as he ran, Barcenas took a Glock .45-caliber handgun from his waist. As Cabillo dashed past bystanders, he opened fire, and Barcenas fell to the sidewalk.\u003c/p>\n\u003cp>In the video, Cabillo's weapon can be heard being discharged twice. Asked by another officer where Barcenas had been wounded, Cabillo says, \"Two shots in the back.\" At another point, Cabillo reaches down to the wounded and apparently semi-conscious Barcenas and says, \"Dude, are you all right?\"\u003c/p>\n\u003cp>\u003ca href=\"https://missionlocal.org/2018/06/last-weeks-sfpd-officer-involved-shooting-a-frame-by-frame-breakdown-with-expert-analysis/\" target=\"_blank\" rel=\"noopener\">Frame-by-frame viewing\u003c/a> of the video shows Barcenas removing his jacket and dropping it as he ran. There's no evidence in the video that Barcenas brandished a weapon or pointed it toward Cabillo. \u003ca href=\"https://sanfranciscopolice.org/sites/default/files/Documents/PoliceDocuments/DepartmentGeneralOrders/DGO%205.01%20Use%20of%20Force%20%28Rev.%2012-21-16%29.pdf\">According to SFPD’s use-of-force policy\u003c/a>, an officer should use deadly force only “as a last resort when reasonable alternatives have been exhausted or are not feasible to protect the safety of the public and police officers.”\u003c/p>\n\u003cp>Barcenas was reportedly treated for life-threatening injuries at San Francisco General Hospital and was released into police custody last week.\u003c/p>\n\u003cp>SFPD has confirmed that the June 9 incident marks Cabillo's only shooting during his time with the department. Cabillo remains on administrative leave following the incident.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>SFPD’s homicide detail and internal affairs division, the San Francisco District Attorney’s Office and the city Department of Police Accountability are all investigating the shooting.\u003c/p>\n\n",
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"excerpt": "Officer fatally wounded 15-year-old whom he said was reaching for a gun in shooting the San Mateo County district attorney ruled was justified.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The SFPD officer who \u003ca href=\"https://www.kqed.org/news/11675042/bodycam-footage-shows-sfpd-officer-shooting-man-in-the-back\">shot a fleeing man in the back\u003c/a> earlier this month has been the target of several civil rights lawsuits -- including a pair involving a 2012 incident in which he shot and killed a 15-year-old boy while serving on the South San Francisco Police Department.\u003c/p>\n\u003cp>The SFPD on Tuesday identified Joshua Cabillo as the officer who shot 28-year-old Oliver Barcenas early June 9 in San Francisco's North Beach neighborhood. Police say Barcenas was carrying a semi-automatic handgun at the time of the shooting, which was captured on \u003ca href=\"https://vimeo.com/275146772\">bodycam video\u003c/a> released last week.\u003c/p>\n\u003cp>According to federal court documents, Cabillo has been the subject of four civil rights lawsuits in the past six years. Two were related to the fatal shooting of 15-year-old Derrick Gaines in South San Francisco. Two more suits arose from a pair of incidents in 2015 when, as a member of the SFPD, Cabillo and other officers were accused of abusing suspects during arrests.\u003c/p>\n\u003cp>Cabillo shot Gaines on June 5, 2012, after stopping him and another teenager at a gas station for what he believed was suspicious behavior. Gaines ran, and Cabillo said he saw a gun in the teen's waistband. He gave chase and, striking Gaines in the back of the head with his service weapon, knocked him to the ground. As Gaines tumbled to the ground, a .45 revolver fell from his waistband. In an account reportedly corroborated by a witness at the gas station, Cabillo told investigators he shot Gaines in the neck when the youth appeared to reach for the .45.\u003c/p>\n\u003cp>Tests later determined that Gaines had cocaine and methamphetamine in his blood at the time of the incident. His weapon lacked a firing pin and could not have been fired.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>An investigation by the San Mateo County District Attorney's Office \u003ca href=\"https://www.smdailyjournal.com/news/local/da-teen-shooting-justified/article_67373b95-ddae-52de-a454-b98beb4969e6.html\" target=\"_blank\" rel=\"noopener\">found\u003c/a> the shooting was justified.\u003c/p>\n\u003cp>The episode led to a $10 million civil rights lawsuit by Gaines' family alleging the shooting was motivated by racial bias. The suit was settled for $250,000 in 2014. As is typical in most settled cases, the city did not admit wrongdoing. A second suit filed over the Gaines shooting was dismissed on procedural grounds.\u003c/p>\n\u003cp>Cabillo joined the San Francisco Police Department in 2013.\u003c/p>\n\u003cp>In a 2015 suit that also alleged racial bias, Cabillo and other officers were accused of punching, body-slamming and twisting the arm of Travis Hall, 23, after a traffic stop in the South of Market neighborhood. \u003ca href=\"https://sfbos.org/sites/default/files/o0195-16.pdf\">Records show\u003c/a> the city paid $40,000 to settle the case with Hall, an African-American who was then a graphic arts student.\u003c/p>\n\u003cp>In a suit arising from a separate 2015 incident, Cabillo and another officer were accused of detaining a man, Bryant Chappell, near 22nd and Mission streets, and throwing him to the sidewalk. Chappell, who reportedly suffered a broken nose and facial abrasions, was charged with resisting arrest. That charge was not prosecuted, and the city settled the case for an undisclosed amount.\u003c/p>\n\u003cp>The city did not admit wrongdoing in either the Hall or Chappell cases.\u003c/p>\n\u003cp>A spokesman for the SFPD had no comment on the suits against Officer Cabillo during his time with the department. When asked about the 2012 shooting, the spokesman said Cabillo's prior employment is a personnel matter and confidential under California law.\u003c/p>\n\u003cp>Cabillo's most recent incident began just after midnight June 9 at the corner of Grant Avenue and Vallejo Street when he and a second, unidentified officer approached a group of four men they believed were drinking in public.\u003c/p>\n\u003cp>In bodycam footage, Cabillo can be heard speaking with the four men about open alcohol containers and saying, \"No one's going anywhere,\" as Barcenas appeared to edge away from the group. The video then shows Barcenas turning and running along Grant Avenue. Cabillo chases Barcenas on foot.\u003c/p>\n\u003cp>Police say that as he ran, Barcenas took a Glock .45-caliber handgun from his waist. As Cabillo dashed past bystanders, he opened fire, and Barcenas fell to the sidewalk.\u003c/p>\n\u003cp>In the video, Cabillo's weapon can be heard being discharged twice. Asked by another officer where Barcenas had been wounded, Cabillo says, \"Two shots in the back.\" At another point, Cabillo reaches down to the wounded and apparently semi-conscious Barcenas and says, \"Dude, are you all right?\"\u003c/p>\n\u003cp>\u003ca href=\"https://missionlocal.org/2018/06/last-weeks-sfpd-officer-involved-shooting-a-frame-by-frame-breakdown-with-expert-analysis/\" target=\"_blank\" rel=\"noopener\">Frame-by-frame viewing\u003c/a> of the video shows Barcenas removing his jacket and dropping it as he ran. There's no evidence in the video that Barcenas brandished a weapon or pointed it toward Cabillo. \u003ca href=\"https://sanfranciscopolice.org/sites/default/files/Documents/PoliceDocuments/DepartmentGeneralOrders/DGO%205.01%20Use%20of%20Force%20%28Rev.%2012-21-16%29.pdf\">According to SFPD’s use-of-force policy\u003c/a>, an officer should use deadly force only “as a last resort when reasonable alternatives have been exhausted or are not feasible to protect the safety of the public and police officers.”\u003c/p>\n\u003cp>Barcenas was reportedly treated for life-threatening injuries at San Francisco General Hospital and was released into police custody last week.\u003c/p>\n\u003cp>SFPD has confirmed that the June 9 incident marks Cabillo's only shooting during his time with the department. Cabillo remains on administrative leave following the incident.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>SFPD’s homicide detail and internal affairs division, the San Francisco District Attorney’s Office and the city Department of Police Accountability are all investigating the shooting.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Bodycam Footage Shows SFPD Officer Shooting Man in the Back",
"title": "Bodycam Footage Shows SFPD Officer Shooting Man in the Back",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>\u003ca href=\"https://vimeo.com/275146772\">Police bodycam footage\u003c/a> released Thursday night at a town hall meeting shows a San Francisco police officer shooting a man in the back during a brief foot chase early Saturday in the city’s North Beach neighborhood.\u003c/p>\n\u003cp>The man -- Oliver Barcenas, 28 -- is being treated at San Francisco General Hospital, which has not released details of his condition. Police say Barcenas was carrying a semi-automatic handgun at the time of the shooting.\u003c/p>\n\u003cp>The incident began just after midnight on June 9 at the corner of Grant Avenue and Vallejo Street, where two uniformed officers on patrol in a marked police vehicle approached a group of four men they believed were drinking in public.\u003c/p>\n\u003cp>One officer approached the group while his partner parked the car.\u003c/p>\n\u003cp>In the bodycam footage, the officer can be heard speaking with the four men about open alcohol containers and saying, \"No one's going anywhere,\" as Barcenas appeared to edge away from the group. The video then shows Barcenas turning and running along Grant Avenue. The officer chases Barcenas on foot.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Police say that as he ran, Barcenas took a Glock .45-caliber handgun from his waist. As the officer dashed past bystanders, he opened fire, and Barcenas fell to the sidewalk.\u003c/p>\n\u003cp>In the video, the officer’s weapon can be heard being discharged twice. Asked by another officer where Barcenas had been wounded, the officer who opened fire says, \"Two shots in the back.\" At another point, the officer reaches down to the wounded and apparently semi-conscious Barcenas and says, \"Dude, are you all right?\"\u003c/p>\n\u003cp>The video shows a chaotic scene in the immediate aftermath of the shooting, with an angry crowd advancing on and cursing the unidentified officer.\u003c/p>\n\u003cfigure id=\"attachment_11675047\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11675047\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/sfpd-town-hall-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-1920x1440.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">San Francisco Police Chief William Scott at a town hall meeting on the June 9 North Beach shooting. \u003ccite>(Jeremy Siegel/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>There's no evidence in the video that Barcenas pointed his gun toward the officer. \u003ca href=\"https://sanfranciscopolice.org/sites/default/files/Documents/PoliceDocuments/DepartmentGeneralOrders/DGO%205.01%20Use%20of%20Force%20%28Rev.%2012-21-16%29.pdf\"> According to SFPD’s use-of-force policy\u003c/a>\u003cspan style=\"font-weight: 400\">, an officer should use deadly force only “as a last resort when reasonable alternatives have been exhausted or are not feasible to protect the safety of the public and police officers.”\u003c/span>\u003c/p>\n\u003cp>At the town hall, many residents criticized the shooting.\u003c/p>\n\u003cp>“It’s scary for me,” said Theresa Flandrich. “As a mother, and as someone who has lived here for decades in North Beach, I’m really concerned about the shooting.”\u003c/p>\n\u003cp>Wanda Ravernell echoed that sentiment. “A man running away wasn’t posing as much of a problem -- to me -- as the policeman who was shooting him,” she said.\u003c/p>\n\u003cfigure id=\"attachment_11675051\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11675051 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/wanda-at-town-hall-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-1920x1440.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Wanda Ravernell, 64, speaks on June 14, 2018, at a town hall about an SFPD officer-involved shooting on June 9. \u003ccite>(Jeremy Siegel/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>San Francisco Supervisor Aaron Peskin, who represents North Beach, was also in attendance.\u003c/p>\n\u003cp>“Those videos do not look good,” he said.\u003c/p>\n\u003cp>Peskin commended SFPD’s efforts at transparency. “Policing and transparency has changed, and I’m appreciative of that,” he said.\u003c/p>\n\u003cfigure id=\"attachment_11675048\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11675048 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/peskin-at-town-hall-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-1920x1440.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">San Francisco Supervisor Aaron Peskin speaks at a North Beach public meeting on an officer-involved shooting on June 9, 2018. \u003ccite>(Jeremy Siegel/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Natalie April, who said she’s a former co-worker of Barcenas, also questioned the officer’s actions.\u003c/p>\n\u003cp>“I just feel like the officer jumped the gun,” she said. “I think he was doing his job, but it looks really bad.”\u003c/p>\n\u003cp>Barcenas was previously shot by police in 2012. Assistant Chief Toney Chaplin -- a sergeant at the time -- shot Barcenas, who was carrying a loaded semi-automatic pistol, three times during a pursuit in the city’s Mission District.\u003c/p>\n\u003cp>\u003ca href=\"https://sfdistrictattorney.org/sites/default/files/FileCenter/Documents/322-14th%20St.%20%26%20Natoma%20St..pdf\"> An investigation\u003c/a> by the San Francisco District Attorney’s Office found that Chaplin acted lawfully in self-defense in that incident.\u003c/p>\n\u003cp>Police have not yet released the name of the officer in Saturday’s shooting, but say they will within 10 days of the incident, per department policy.\u003c/p>\n\u003cp>Barcenas was placed under arrest after the shooting and charged with delaying an officer, carrying a concealed firearm, exhibiting a firearm and being a convicted felon in possession of a firearm.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>SFPD’s homicide detail and internal affairs division, the San Francisco District Attorney’s Office and the city Department of Police Accountability are all investigating the shooting.\u003c/p>\n\n",
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"excerpt": "Incident happened after officers stopped a group of men they believed were drinking in public on a North Beach street. ",
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"title": "Bodycam Footage Shows SFPD Officer Shooting Man in the Back | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"https://vimeo.com/275146772\">Police bodycam footage\u003c/a> released Thursday night at a town hall meeting shows a San Francisco police officer shooting a man in the back during a brief foot chase early Saturday in the city’s North Beach neighborhood.\u003c/p>\n\u003cp>The man -- Oliver Barcenas, 28 -- is being treated at San Francisco General Hospital, which has not released details of his condition. Police say Barcenas was carrying a semi-automatic handgun at the time of the shooting.\u003c/p>\n\u003cp>The incident began just after midnight on June 9 at the corner of Grant Avenue and Vallejo Street, where two uniformed officers on patrol in a marked police vehicle approached a group of four men they believed were drinking in public.\u003c/p>\n\u003cp>One officer approached the group while his partner parked the car.\u003c/p>\n\u003cp>In the bodycam footage, the officer can be heard speaking with the four men about open alcohol containers and saying, \"No one's going anywhere,\" as Barcenas appeared to edge away from the group. The video then shows Barcenas turning and running along Grant Avenue. The officer chases Barcenas on foot.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Police say that as he ran, Barcenas took a Glock .45-caliber handgun from his waist. As the officer dashed past bystanders, he opened fire, and Barcenas fell to the sidewalk.\u003c/p>\n\u003cp>In the video, the officer’s weapon can be heard being discharged twice. Asked by another officer where Barcenas had been wounded, the officer who opened fire says, \"Two shots in the back.\" At another point, the officer reaches down to the wounded and apparently semi-conscious Barcenas and says, \"Dude, are you all right?\"\u003c/p>\n\u003cp>The video shows a chaotic scene in the immediate aftermath of the shooting, with an angry crowd advancing on and cursing the unidentified officer.\u003c/p>\n\u003cfigure id=\"attachment_11675047\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11675047\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/sfpd-town-hall-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-1920x1440.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/sfpd-town-hall-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">San Francisco Police Chief William Scott at a town hall meeting on the June 9 North Beach shooting. \u003ccite>(Jeremy Siegel/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>There's no evidence in the video that Barcenas pointed his gun toward the officer. \u003ca href=\"https://sanfranciscopolice.org/sites/default/files/Documents/PoliceDocuments/DepartmentGeneralOrders/DGO%205.01%20Use%20of%20Force%20%28Rev.%2012-21-16%29.pdf\"> According to SFPD’s use-of-force policy\u003c/a>\u003cspan style=\"font-weight: 400\">, an officer should use deadly force only “as a last resort when reasonable alternatives have been exhausted or are not feasible to protect the safety of the public and police officers.”\u003c/span>\u003c/p>\n\u003cp>At the town hall, many residents criticized the shooting.\u003c/p>\n\u003cp>“It’s scary for me,” said Theresa Flandrich. “As a mother, and as someone who has lived here for decades in North Beach, I’m really concerned about the shooting.”\u003c/p>\n\u003cp>Wanda Ravernell echoed that sentiment. “A man running away wasn’t posing as much of a problem -- to me -- as the policeman who was shooting him,” she said.\u003c/p>\n\u003cfigure id=\"attachment_11675051\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11675051 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/wanda-at-town-hall-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-1920x1440.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/wanda-at-town-hall-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Wanda Ravernell, 64, speaks on June 14, 2018, at a town hall about an SFPD officer-involved shooting on June 9. \u003ccite>(Jeremy Siegel/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>San Francisco Supervisor Aaron Peskin, who represents North Beach, was also in attendance.\u003c/p>\n\u003cp>“Those videos do not look good,” he said.\u003c/p>\n\u003cp>Peskin commended SFPD’s efforts at transparency. “Policing and transparency has changed, and I’m appreciative of that,” he said.\u003c/p>\n\u003cfigure id=\"attachment_11675048\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11675048 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/peskin-at-town-hall-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-1920x1440.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/peskin-at-town-hall-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">San Francisco Supervisor Aaron Peskin speaks at a North Beach public meeting on an officer-involved shooting on June 9, 2018. \u003ccite>(Jeremy Siegel/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Natalie April, who said she’s a former co-worker of Barcenas, also questioned the officer’s actions.\u003c/p>\n\u003cp>“I just feel like the officer jumped the gun,” she said. “I think he was doing his job, but it looks really bad.”\u003c/p>\n\u003cp>Barcenas was previously shot by police in 2012. Assistant Chief Toney Chaplin -- a sergeant at the time -- shot Barcenas, who was carrying a loaded semi-automatic pistol, three times during a pursuit in the city’s Mission District.\u003c/p>\n\u003cp>\u003ca href=\"https://sfdistrictattorney.org/sites/default/files/FileCenter/Documents/322-14th%20St.%20%26%20Natoma%20St..pdf\"> An investigation\u003c/a> by the San Francisco District Attorney’s Office found that Chaplin acted lawfully in self-defense in that incident.\u003c/p>\n\u003cp>Police have not yet released the name of the officer in Saturday’s shooting, but say they will within 10 days of the incident, per department policy.\u003c/p>\n\u003cp>Barcenas was placed under arrest after the shooting and charged with delaying an officer, carrying a concealed firearm, exhibiting a firearm and being a convicted felon in possession of a firearm.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>SFPD’s homicide detail and internal affairs division, the San Francisco District Attorney’s Office and the city Department of Police Accountability are all investigating the shooting.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Appellate Court Rules Against S.F. Officers in Racist Texting Case",
"title": "Appellate Court Rules Against S.F. Officers in Racist Texting Case",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>A state appellate court ruled Wednesday against nine San Francisco police officers who sent \u003ca href=\"https://www.kqed.org/news/tag/sfpd-text-messaging-scandal\" target=\"_blank\" rel=\"noopener\">violently racist text messages\u003c/a>, finding the city can now seek to fire or otherwise discipline them more than three years after some of their \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\" rel=\"noopener\">texts became public\u003c/a>.\u003c/p>\n\u003cp>\"There is no doubt that the public’s interest in the integrity of SFPD was undermined by the offensive text messages,\" \u003ca href=\"https://www.documentcloud.org/documents/4489347-A145863-Daugherty-Opinion.html\" target=\"_blank\" rel=\"noopener\">the opinion\u003c/a> by Associate Justice Martin J. Jenkins says. \"The attitudes reflected in these messages displayed unacceptable prejudice against members of the communities SFPD is sworn to protect.\"\u003c/p>\n\u003cp>The messages refer to black people as \"animals\" and advocate violence against them. They reference \"white power\" and cross burning, among derogatory statements about women and other racial minorities.\u003c/p>\n\u003cp>They were all discovered during searches of former San Francisco Police Department Sgt. \u003ca href=\"https://www.kqed.org/news/10441338/ex-sfpd-sergeant-sentenced-in-federal-corruption-case\" target=\"_blank\" rel=\"noopener\">Ian Furminger\u003c/a>'s cellphone in late 2012, when a joint investigation between federal authorities and SFPD into a cadre of corrupt cops was already underway.\u003c/p>\n\u003cp>Interspersed among the thousands of pages of texts -- some involving a criminal conspiracy to rob defendants, steal property and deal drugs -- were the messages below, first made public in a federal court filing in March 2015.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[documentcloud url=\"https://www.documentcloud.org/documents/4454517-Attachment-Government-Opposition-to-Defendant/\"]\u003c/p>\n\u003cp>But whether those messages should lead to firing for a police officer was never in dispute. Instead, Officer Rain Daugherty and eight others identified via messages on Furminger's phone \u003ca href=\"https://www.kqed.org/news/10523204/s-f-officers-accused-in-text-messaging-scandal-ask-judge-to-stop-firings\" target=\"_blank\" rel=\"noopener\">argued\u003c/a> in May 2015 that the Police Department had allowed a one-year statute of limitations for investigating police misconduct to lapse. They said SFPD officers investigating Furminger in partnership with the FBI and U.S. Attorney's Office were aware of the texts almost three years earlier.\u003c/p>\n\u003cp>But the Police Department, and \u003ca href=\"https://www.kqed.org/news/10573322/court-to-hear-sfpd-racist-texting-case-officers-back-on-paid-leave\" target=\"_blank\" rel=\"noopener\">later the city\u003c/a>, has consistently argued that the officers participating in that criminal investigation were bound to secrecy by federal investigators, and the statue of limitations should toll -- or pause -- during that criminal investigation and prosecution.\u003c/p>\n\u003cp>An SFPD lieutenant said a federal prosecutor \"actually threatened to charge me if I released any information,\" according to the appellate ruling, \"so I didn't.\"\u003c/p>\n\u003cp>The statue of limitations argument was good enough for former San Francisco Superior Court Judge Ernest Goldsmith, though, who \u003ca href=\"https://www.kqed.org/news/10798240/judge-nears-ruling-on-s-f-cops-who-sent-bigoted-texts\" target=\"_blank\" rel=\"noopener\">ruled in the officers' favor\u003c/a> in late 2015, and \u003ca href=\"http://www.sfexaminer.com/136621-2/\" target=\"_blank\" rel=\"noopener\">retired\u003c/a> soon after that.\u003c/p>\n\u003cp>That ruling kept officers who the city wanted to fire on the payroll for nearly three years -- \u003ca href=\"https://www.kqed.org/news/11667077/as-s-f-appeals-textgate-ruling-accused-cops-collect-pay-at-least-2-million-so-far\" target=\"_blank\" rel=\"noopener\">collecting at least $2 million\u003c/a> in pay, not including benefits, according to the lead deputy city attorney on the case.\u003c/p>\n\u003cp>\"We were derailed by an opinion in the Superior Court that we had to go all the way to the Court of Appeal and argue to reverse,\" Deputy City Attorney Kenneth Walczak said Wednesday evening, after he'd just read the appellate opinion. \"So hopefully we’re on the right track now and headed back to the Police Commission so that these officers can finally face discipline for these appalling text messages.\"\u003c/p>\n\u003cp>In their ruling Wednesday, appellate judges parsed the officers' arguments about the statute of limitations and another provision of state law that pauses that timer when police misconduct in question is the \"subject\" of a criminal investigation.\u003c/p>\n\u003cp>Goldsmith found SFPD officers working with federal investigators had the ability to initiate disciplinary charges for the bigoted text messages, and any argument that those messages were part of a criminal investigation was moot because they didn't end up being part of the prosecution.\u003c/p>\n\u003cp>Appellate judges found Goldsmith's conclusions \"were erroneous as a matter of law or not supported by substantial evidence.\"\u003c/p>\n\u003cp>\"[W]e conclude that respondents' text messaging misconduct was a 'subject' of the criminal investigation and prosecution,\" the opinion says.\u003c/p>\n\u003cblockquote>\u003cp>\"Notably, this was a criminal conspiracy case in which the investigators sought to ascertain the full scope of the conspiracy by identifying persons of interest, gathering information on them, and winnowing the list down as each individual’s involvement became clear. The text messages were a key investigative tool to aid in this effort because the investigators knew that Furminger, the central figure in the corruption scheme, conducted criminal activity via text messaging. Respondents’ text messages were obtained through search warrants of Furminger’s cellphone, and corruption investigators examined the text messages obtained by the search warrants for evidence of Furminger’s relationships, associates and accomplices.\"\u003c/p>\u003c/blockquote>\n\u003cp>The appellate court also cited common sense in its ruling, masked in legal language, of course.\u003c/p>\n\u003cp>\"In interpreting statutory language, 'we may reasonably infer that the legislators intended an interpretation producing practical and workable results rather than one resulting in mischief or absurdity,'\" Jenkins wrote, citing a 2008 state appellate case. \"It would result in mischief to interpret [a section of the Public Safety Officers Procedural Bill of Rights Act] as requiring SFPD to initiate a disciplinary investigation that would have revealed the existence of respondents' text messages and risked compromising the corruption investigation.\"\u003c/p>\n\u003cp>City Attorney Dennis Herrera applauded the ruling.\u003c/p>\n\u003cp>\"We’re very pleased the court found that police officials do not have to compromise a criminal investigation in order to pursue discipline against officers accused of abhorrent behavior,\" Herrera said in a written statement. \"Forcing public officials to choose between the two would have made a mockery of justice.\"\u003c/p>\n\u003cp>The saga of just how difficult it may be to terminate a police officer for explicit racism isn't over yet, though. This legal battle was just to allow San Francisco's Police Commission to hold closed-door hearings, where the officers are entitled to make a case and be represented by their attorneys, who were provided three years ago by their union, the San Francisco Police Officers Association. Once the ruling is finalized, those hearings can go forward.\u003c/p>\n\u003cp>But even before that happens, the officers could appeal again to the California Supreme Court.\u003c/p>\n\u003cp>Alison Berry Wilkinson, who represents Rain Daugherty and is the lead attorney for the other eight officers, said in an emailed response Wednesday that the option for a Supreme Court appeal \"will be evaluated in due course.\"\u003c/p>\n\u003cp>\"This matter may continue to pend without a final resolution for some time,\" she wrote.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>[documentcloud url=\"http://www.documentcloud.org/documents/4489347-A145863-Daugherty-Opinion/\"]\u003c/p>\n\n",
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"excerpt": "'The attitudes reflected in these messages displayed unacceptable prejudice against members of the communities SFPD is sworn to protect,' Associate Justice Martin J. Jenkins wrote in a ruling that may pave the way to fire or otherwise discipline nine officers who swapped violently racist and bigoted text messages.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A state appellate court ruled Wednesday against nine San Francisco police officers who sent \u003ca href=\"https://www.kqed.org/news/tag/sfpd-text-messaging-scandal\" target=\"_blank\" rel=\"noopener\">violently racist text messages\u003c/a>, finding the city can now seek to fire or otherwise discipline them more than three years after some of their \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\" rel=\"noopener\">texts became public\u003c/a>.\u003c/p>\n\u003cp>\"There is no doubt that the public’s interest in the integrity of SFPD was undermined by the offensive text messages,\" \u003ca href=\"https://www.documentcloud.org/documents/4489347-A145863-Daugherty-Opinion.html\" target=\"_blank\" rel=\"noopener\">the opinion\u003c/a> by Associate Justice Martin J. Jenkins says. \"The attitudes reflected in these messages displayed unacceptable prejudice against members of the communities SFPD is sworn to protect.\"\u003c/p>\n\u003cp>The messages refer to black people as \"animals\" and advocate violence against them. They reference \"white power\" and cross burning, among derogatory statements about women and other racial minorities.\u003c/p>\n\u003cp>They were all discovered during searches of former San Francisco Police Department Sgt. \u003ca href=\"https://www.kqed.org/news/10441338/ex-sfpd-sergeant-sentenced-in-federal-corruption-case\" target=\"_blank\" rel=\"noopener\">Ian Furminger\u003c/a>'s cellphone in late 2012, when a joint investigation between federal authorities and SFPD into a cadre of corrupt cops was already underway.\u003c/p>\n\u003cp>Interspersed among the thousands of pages of texts -- some involving a criminal conspiracy to rob defendants, steal property and deal drugs -- were the messages below, first made public in a federal court filing in March 2015.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But whether those messages should lead to firing for a police officer was never in dispute. Instead, Officer Rain Daugherty and eight others identified via messages on Furminger's phone \u003ca href=\"https://www.kqed.org/news/10523204/s-f-officers-accused-in-text-messaging-scandal-ask-judge-to-stop-firings\" target=\"_blank\" rel=\"noopener\">argued\u003c/a> in May 2015 that the Police Department had allowed a one-year statute of limitations for investigating police misconduct to lapse. They said SFPD officers investigating Furminger in partnership with the FBI and U.S. Attorney's Office were aware of the texts almost three years earlier.\u003c/p>\n\u003cp>But the Police Department, and \u003ca href=\"https://www.kqed.org/news/10573322/court-to-hear-sfpd-racist-texting-case-officers-back-on-paid-leave\" target=\"_blank\" rel=\"noopener\">later the city\u003c/a>, has consistently argued that the officers participating in that criminal investigation were bound to secrecy by federal investigators, and the statue of limitations should toll -- or pause -- during that criminal investigation and prosecution.\u003c/p>\n\u003cp>An SFPD lieutenant said a federal prosecutor \"actually threatened to charge me if I released any information,\" according to the appellate ruling, \"so I didn't.\"\u003c/p>\n\u003cp>The statue of limitations argument was good enough for former San Francisco Superior Court Judge Ernest Goldsmith, though, who \u003ca href=\"https://www.kqed.org/news/10798240/judge-nears-ruling-on-s-f-cops-who-sent-bigoted-texts\" target=\"_blank\" rel=\"noopener\">ruled in the officers' favor\u003c/a> in late 2015, and \u003ca href=\"http://www.sfexaminer.com/136621-2/\" target=\"_blank\" rel=\"noopener\">retired\u003c/a> soon after that.\u003c/p>\n\u003cp>That ruling kept officers who the city wanted to fire on the payroll for nearly three years -- \u003ca href=\"https://www.kqed.org/news/11667077/as-s-f-appeals-textgate-ruling-accused-cops-collect-pay-at-least-2-million-so-far\" target=\"_blank\" rel=\"noopener\">collecting at least $2 million\u003c/a> in pay, not including benefits, according to the lead deputy city attorney on the case.\u003c/p>\n\u003cp>\"We were derailed by an opinion in the Superior Court that we had to go all the way to the Court of Appeal and argue to reverse,\" Deputy City Attorney Kenneth Walczak said Wednesday evening, after he'd just read the appellate opinion. \"So hopefully we’re on the right track now and headed back to the Police Commission so that these officers can finally face discipline for these appalling text messages.\"\u003c/p>\n\u003cp>In their ruling Wednesday, appellate judges parsed the officers' arguments about the statute of limitations and another provision of state law that pauses that timer when police misconduct in question is the \"subject\" of a criminal investigation.\u003c/p>\n\u003cp>Goldsmith found SFPD officers working with federal investigators had the ability to initiate disciplinary charges for the bigoted text messages, and any argument that those messages were part of a criminal investigation was moot because they didn't end up being part of the prosecution.\u003c/p>\n\u003cp>Appellate judges found Goldsmith's conclusions \"were erroneous as a matter of law or not supported by substantial evidence.\"\u003c/p>\n\u003cp>\"[W]e conclude that respondents' text messaging misconduct was a 'subject' of the criminal investigation and prosecution,\" the opinion says.\u003c/p>\n\u003cblockquote>\u003cp>\"Notably, this was a criminal conspiracy case in which the investigators sought to ascertain the full scope of the conspiracy by identifying persons of interest, gathering information on them, and winnowing the list down as each individual’s involvement became clear. The text messages were a key investigative tool to aid in this effort because the investigators knew that Furminger, the central figure in the corruption scheme, conducted criminal activity via text messaging. Respondents’ text messages were obtained through search warrants of Furminger’s cellphone, and corruption investigators examined the text messages obtained by the search warrants for evidence of Furminger’s relationships, associates and accomplices.\"\u003c/p>\u003c/blockquote>\n\u003cp>The appellate court also cited common sense in its ruling, masked in legal language, of course.\u003c/p>\n\u003cp>\"In interpreting statutory language, 'we may reasonably infer that the legislators intended an interpretation producing practical and workable results rather than one resulting in mischief or absurdity,'\" Jenkins wrote, citing a 2008 state appellate case. \"It would result in mischief to interpret [a section of the Public Safety Officers Procedural Bill of Rights Act] as requiring SFPD to initiate a disciplinary investigation that would have revealed the existence of respondents' text messages and risked compromising the corruption investigation.\"\u003c/p>\n\u003cp>City Attorney Dennis Herrera applauded the ruling.\u003c/p>\n\u003cp>\"We’re very pleased the court found that police officials do not have to compromise a criminal investigation in order to pursue discipline against officers accused of abhorrent behavior,\" Herrera said in a written statement. \"Forcing public officials to choose between the two would have made a mockery of justice.\"\u003c/p>\n\u003cp>The saga of just how difficult it may be to terminate a police officer for explicit racism isn't over yet, though. This legal battle was just to allow San Francisco's Police Commission to hold closed-door hearings, where the officers are entitled to make a case and be represented by their attorneys, who were provided three years ago by their union, the San Francisco Police Officers Association. Once the ruling is finalized, those hearings can go forward.\u003c/p>\n\u003cp>But even before that happens, the officers could appeal again to the California Supreme Court.\u003c/p>\n\u003cp>Alison Berry Wilkinson, who represents Rain Daugherty and is the lead attorney for the other eight officers, said in an emailed response Wednesday that the option for a Supreme Court appeal \"will be evaluated in due course.\"\u003c/p>\n\u003cp>\"This matter may continue to pend without a final resolution for some time,\" she wrote.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\"Don't give my story nonchalantly,\" Gwendolyn Woods pleaded to a bank of television cameras and reporters Tuesday outside San Francisco's Hall of Justice. For nearly 10 minutes, she spoke about how she has been affected by San Francisco District Attorney George Gascón's \u003ca href=\"https://www.kqed.org/news/11670339/no-charges-s-f-da-closes-2-controversial-police-shooting-cases-that-led-to-era-of-reform\" target=\"_blank\" rel=\"noopener\">decision last week\u003c/a> to not criminally charge police officers who fatally shot her son.\u003c/p>\n\u003cp>Gwendolyn Woods doesn't protest weekly, as some people do in the name of Mario Woods. She has given few public statements about how her son's death on Dec. 2, 2015, changed her life, but she did share some of her pain in an \u003ca href=\"https://story.californiasunday.com/mario-woods-after-shooting\" target=\"_blank\" rel=\"noopener\">in-depth profile\u003c/a> published by the California Sunday Magazine last year.\u003c/p>\n\u003cp>Flanked by her attorney and family members of Luis Góngora -- whose case Gascón also closed last week with no criminal charges -- Gwendolyn Woods started with an attempt to set the record straight.\u003c/p>\n\u003cp>\"I'm not OK with this, Gascón,\" she said. \"You executed him all over again. I’m going to always say this: He was the best of me. People ask. He had empathy, that’s why. If he would have been in that situation, he would have said, 'Let’s try and talk him off a ledge.' No, you guys didn’t. 'Cause you’re so full of hate.\"\u003c/p>\n\u003cp>Woods at times paused, tapping her foot and seeming to hold back tears. Her voice rose to a screech of anger.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cem>Listen to the Gwendolyn Woods' statement in full below.\u003c/em>\u003c/p>\n\u003cp>[audio src=\"https://www.kqed.org/.stream/anon/radio/RDnews/2018/05/180529GwendolynWoodsFull.mp3\" Image=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS31198_alt_736.jpg\" Title=\"Gwendolyn Woods\" program=\"KQED News\"]\u003c/p>\n\u003cp>\"Why are you policing me in my community and you hate me?\" she said. \"It’ll never turn out well for me. If you’re that scared of me, don’t police me. Because it’s never going to turn out well.\"\u003c/p>\n\u003cp>She said her son had empathy, and he needed empathy from SFPD officers on the day he was shot.\u003c/p>\n\u003cp>Woods, 26, was under the influence of methamphetamine the day he was shot, according to the medical examiner's report on his death. He was wanted for allegedly stabbing a man in San Francisco's Bayview District near where about a dozen police officers confronted and eventually shot him.\u003c/p>\n\u003cp>According to the district attorney's report, citing statements from police officers, Woods said to officers that they would have to shoot him. Those statements are disputed by attorneys representing Gwendolyn Woods.\u003c/p>\n\u003cp>\"I heard ‘em say they had to stop people. They had to stop Mario. No they didn’t, because they just went ballistic with the gun when our babies were coming home from school,\" Gwendolyn Woods said. \"They saw him as nothing or nobody, or that nobody loved him. Let me tell you, I loved that kid and he was worth me fighting for. He was the best of me. Something you all can use on this police force, but you can’t because you’re racist and full of hate: empathy. Mario deserved a little empathy.\"\u003c/p>\n\u003cp>\"I'm so broken,\" she said repeatedly as she walked away from the microphones. \"I'm so broken.\"\u003c/p>\n\u003cp>\u003cstrong>Luis Góngora\u003c/strong>\u003c/p>\n\u003cp>Cousins and a brother of Luis Gongóra, who was killed about four months after Mario Woods by two SFPD officers in San Francisco's Mission District, also spoke Tuesday in reaction to the district attorney's decision not to file charges in that case. Gascón announced both decisions simultaneously last week.\u003c/p>\n\u003cp>José Góngora Pat, Luis Góngora's brother, said in Spanish that his heart is broken.\u003c/p>\n\u003cp>\"My struggle is against the injustice we share,\" he said. \"I promised my mother I would not rest until I found the way to consequences for those police officers. ... I'm up here crying before you. This is how they hurt us.\"\u003c/p>\n\u003cp>\u003cem>Listen to statements by family members of Luis Góngora below, including Spanish-to-English translation by advocate Adriana Camarena.\u003c/em>\u003c/p>\n\u003cp>[audio src=\"https://www.kqed.org/.stream/anon/radio/RDnews/2018/05/GongoraRaw.mp3\" Image=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS31195_alt_737.jpg\" Title=\"José Góngora Pat\" program=\"KQED News\"]\u003c/p>\n\u003cp>On April 7, 2016, two SFPD officers briskly approached Góngora, who was sitting against a building in the city's Mission District and holding a kitchen knife, after a homeless outreach worker called 911 and reported him waving the knife around and acting erratically.\u003c/p>\n\u003cp>The shooting raised questions, including from former Police Chief Greg Suhr, about whether the officers adhered to SFPD rules enacted in 2013 that encourage fostering \"time and distance\" when confronting suspects armed with knives who may be in psychiatric crisis.\u003c/p>\n\u003cp>The officers moved toward Góngora while shouting commands, and one fired four impact rounds before transitioning to his firearm. The encounter lasted less than 30 seconds.\u003c/p>\n\u003cp>The district attorney's investigation found that Góngora moved approximately 23 feet toward the officers during the encounter, and that he was holding a knife. Góngora had a high level of methamphetamine in his system, according to the medical examiner's report.\u003c/p>\n\u003cp>\"We will prove that they killed an innocent man, a person who never caused harm,\" Góngora's widow, Fidelia del Carmen May Can, said in a statement from Yucatan, Mexico, which was read Tuesday.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Both Woods' and Góngora's families have filed federal civil rights lawsuits, and those cases are pending.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\"Don't give my story nonchalantly,\" Gwendolyn Woods pleaded to a bank of television cameras and reporters Tuesday outside San Francisco's Hall of Justice. For nearly 10 minutes, she spoke about how she has been affected by San Francisco District Attorney George Gascón's \u003ca href=\"https://www.kqed.org/news/11670339/no-charges-s-f-da-closes-2-controversial-police-shooting-cases-that-led-to-era-of-reform\" target=\"_blank\" rel=\"noopener\">decision last week\u003c/a> to not criminally charge police officers who fatally shot her son.\u003c/p>\n\u003cp>Gwendolyn Woods doesn't protest weekly, as some people do in the name of Mario Woods. She has given few public statements about how her son's death on Dec. 2, 2015, changed her life, but she did share some of her pain in an \u003ca href=\"https://story.californiasunday.com/mario-woods-after-shooting\" target=\"_blank\" rel=\"noopener\">in-depth profile\u003c/a> published by the California Sunday Magazine last year.\u003c/p>\n\u003cp>Flanked by her attorney and family members of Luis Góngora -- whose case Gascón also closed last week with no criminal charges -- Gwendolyn Woods started with an attempt to set the record straight.\u003c/p>\n\u003cp>\"I'm not OK with this, Gascón,\" she said. \"You executed him all over again. I’m going to always say this: He was the best of me. People ask. He had empathy, that’s why. If he would have been in that situation, he would have said, 'Let’s try and talk him off a ledge.' No, you guys didn’t. 'Cause you’re so full of hate.\"\u003c/p>\n\u003cp>Woods at times paused, tapping her foot and seeming to hold back tears. Her voice rose to a screech of anger.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Why are you policing me in my community and you hate me?\" she said. \"It’ll never turn out well for me. If you’re that scared of me, don’t police me. Because it’s never going to turn out well.\"\u003c/p>\n\u003cp>She said her son had empathy, and he needed empathy from SFPD officers on the day he was shot.\u003c/p>\n\u003cp>Woods, 26, was under the influence of methamphetamine the day he was shot, according to the medical examiner's report on his death. He was wanted for allegedly stabbing a man in San Francisco's Bayview District near where about a dozen police officers confronted and eventually shot him.\u003c/p>\n\u003cp>According to the district attorney's report, citing statements from police officers, Woods said to officers that they would have to shoot him. Those statements are disputed by attorneys representing Gwendolyn Woods.\u003c/p>\n\u003cp>\"I heard ‘em say they had to stop people. They had to stop Mario. No they didn’t, because they just went ballistic with the gun when our babies were coming home from school,\" Gwendolyn Woods said. \"They saw him as nothing or nobody, or that nobody loved him. Let me tell you, I loved that kid and he was worth me fighting for. He was the best of me. Something you all can use on this police force, but you can’t because you’re racist and full of hate: empathy. Mario deserved a little empathy.\"\u003c/p>\n\u003cp>\"I'm so broken,\" she said repeatedly as she walked away from the microphones. \"I'm so broken.\"\u003c/p>\n\u003cp>\u003cstrong>Luis Góngora\u003c/strong>\u003c/p>\n\u003cp>Cousins and a brother of Luis Gongóra, who was killed about four months after Mario Woods by two SFPD officers in San Francisco's Mission District, also spoke Tuesday in reaction to the district attorney's decision not to file charges in that case. Gascón announced both decisions simultaneously last week.\u003c/p>\n\u003cp>José Góngora Pat, Luis Góngora's brother, said in Spanish that his heart is broken.\u003c/p>\n\u003cp>\"My struggle is against the injustice we share,\" he said. \"I promised my mother I would not rest until I found the way to consequences for those police officers. ... I'm up here crying before you. This is how they hurt us.\"\u003c/p>\n\u003cp>\u003cem>Listen to statements by family members of Luis Góngora below, including Spanish-to-English translation by advocate Adriana Camarena.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>On April 7, 2016, two SFPD officers briskly approached Góngora, who was sitting against a building in the city's Mission District and holding a kitchen knife, after a homeless outreach worker called 911 and reported him waving the knife around and acting erratically.\u003c/p>\n\u003cp>The shooting raised questions, including from former Police Chief Greg Suhr, about whether the officers adhered to SFPD rules enacted in 2013 that encourage fostering \"time and distance\" when confronting suspects armed with knives who may be in psychiatric crisis.\u003c/p>\n\u003cp>The officers moved toward Góngora while shouting commands, and one fired four impact rounds before transitioning to his firearm. The encounter lasted less than 30 seconds.\u003c/p>\n\u003cp>The district attorney's investigation found that Góngora moved approximately 23 feet toward the officers during the encounter, and that he was holding a knife. Góngora had a high level of methamphetamine in his system, according to the medical examiner's report.\u003c/p>\n\u003cp>\"We will prove that they killed an innocent man, a person who never caused harm,\" Góngora's widow, Fidelia del Carmen May Can, said in a statement from Yucatan, Mexico, which was read Tuesday.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Both Woods' and Góngora's families have filed federal civil rights lawsuits, and those cases are pending.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cem>Updated Thursday, 4:30 p.m.\u003c/em>\u003c/p>\n\u003cp>San Francisco District Attorney George Gascón announced Thursday his office will not file criminal charges against police officers involved in two fatal shootings that were responsible in part for forcing the resignation of former Police Chief Greg Suhr and prompting a sweeping Police Department reform effort.\u003c/p>\n\u003cp>In an interview Wednesday, Gascón called the SFPD shootings of \u003ca href=\"https://www.kqed.org/news/tag/mario-woods\" target=\"_blank\" rel=\"noopener\">Mario Woods\u003c/a> and \u003ca href=\"https://www.kqed.org/news/tag/luis-gongora\" target=\"_blank\" rel=\"noopener\">Luis Góngora\u003c/a> “disturbing” and “unnecessary.”\u003c/p>\n\u003cp>“To the Woods family and the Góngora family, there are not enough words that I can say that are going to bring their loved one back,” Gascón said. “And all I can say with a tremendous amount of sorrow is that I’m very sorry. I’m very sorry that they lost a son, they lost a brother, a friend, because I don’t believe that that was necessary.”\u003c/p>\n\u003cp>But Gascón said the legal standard for criminally charging police officers for on-duty use of force makes it impossible to file charges in either case. He said changing that legal standard would likely prevent similar shootings.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Gascón is the only California district attorney in support of \u003ca href=\"https://www.kqed.org/news/11659697/bill-would-change-when-california-cops-can-use-deadly-force\" target=\"_blank\" rel=\"noopener\">AB 931, pending legislation\u003c/a> that would change the legal standard for police use of deadly force from “reasonable” to “necessary.”\u003c/p>\n\u003cp>“The law should be changed, but the law does not in and of itself prevent these prosecutions from taking place,” civil rights attorney Adante Pointer said Thursday after Gascón’s charging decision was made public. “We don’t think that it was reasonable to fire 21 shots at Mario Woods or seven shots at Luis Góngora Pat. That’s unreasonable.”\u003c/p>\n\u003cp>Here are summaries of the Woods and Góngora cases and the district attorney’s findings:\u003c/p>\n\u003cp>\u003cstrong>Mario Woods\u003c/strong>\u003c/p>\n\u003cp>Bystander video captured the death of Mario Woods on the afternoon of Dec. 2, 2015, from multiple angles. By evening, videos were spreading online and sending a shudder through city leadership that would spawn a \u003ca href=\"https://www.kqed.org/news/10851435\" target=\"_blank\" rel=\"noopener\">federal review\u003c/a> of the Police Department and a complete \u003ca href=\"https://www.kqed.org/news/10999007\" target=\"_blank\" rel=\"noopener\">rewriting\u003c/a> of its rules governing officers’ use of force.\u003c/p>\n\u003cp>According to the district attorney’s account released Thursday, two officers patrolling the city’s Bayview neighborhood on that Wednesday afternoon were on the lookout for a man suspected of stabbing another man during a street confrontation. They spotted Woods, who police said matched witnesses’ description of the suspect, near a bus stop just off Third Street.\u003c/p>\n\u003cp>“Officer [Charles] August made initial contact with Woods, who immediately brandished a knife and started walking away,” the report says. “Officer August reported that he repeatedly told Woods to drop the knife, and Woods was ‘yellin’ back’ at him: ‘You’re gonna have to fuckin’ shoot me.’ ”\u003c/p>\n\u003cdiv style=\"width: 100%\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html?source=v2:2PACX-1vSlaNRw-mQjxRlKnnGNJqlE97gQe1iTdq0aXgx4iyNCKnlJ06oiy5qNh4y6Rk8VWA&font=Default&lang=en&initial_zoom=2&height=650\" width=\"100%\" height=\"650\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\n\u003c/div>\n\u003cp>Officer Brandon Thompson broadcast on police radio that Woods had a knife and was “coming at my partner.” He requested backup and for officers to bring a “less lethal” weapon that fires beanbag rounds.\u003c/p>\n\u003cp>Approximately nine officers with guns drawn formed a semicircle around Woods as he backed up against a building on Keith Street, just off Third Street.\u003c/p>\n\u003cp>Officers fired six impact rounds at Woods and pepper-sprayed him, the report says, but neither measure had much effect and Woods continued to hold a 4.5-inch serrated knife.\u003c/p>\n\u003cp>Dispatch recordings captured some of the discussion of the incident in real time. A supervisor, Sgt. Hugh Hall, ordered officers to fire impact rounds at Woods.\u003c/p>\n\u003cp>“Sgt. Hall then said, ‘Time and distance, time and distance,'” according to the district attorney’s report — a reference to an \u003ca href=\"https://www.scribd.com/document/259504904/SFPD-Bulletin-Response-to-Mental-Health-Calls-With-Armed-Suspects\" target=\"_blank\" rel=\"noopener\">SFPD policy\u003c/a> dating back to 2013 that encourages officers to wait out people armed with an edged weapon who may not be a danger to anyone but themselves.\u003c/p>\n\u003cp>“Officer Thompson reported that [the impact rounds] had been deployed four times but Woods was ‘refusing to drop the knife,'” the report says.\u003c/p>\n\u003cp>When Woods started to walk north toward a group of bystanders, “the standoff escalated,” the report says. August walked backward and into Woods’ path.\u003c/p>\n\u003cp>“Officer August stated he believed Woods posed a potential danger to the civilians and might take one as a hostage,” the report says. “According to August, Woods never raised his voice, but kept repeating, ‘You’re gonna have to shoot me.'”\u003c/p>\n\u003cp>August fired five times. “Officer August did not believe he could have done anything differently,” the report says.\u003c/p>\n\u003cp>In the days following the shooting, former Police Chief Greg Suhr said at a town hall meeting that the bystander video showed Woods raise the knife and lunge at an officer. A \u003ca href=\"https://www.kqed.org/news/10786115/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\" rel=\"noopener\">KQED analysis\u003c/a> of the video indicated that Woods’ hand did not raise until after he was shot and began to fall backward.\u003c/p>\n\u003cp>https://youtu.be/ij5TZuohoRg\u003c/p>\n\u003cp>Gascón said Suhr’s statements did not negatively impact his office’s investigation.\u003c/p>\n\u003cp>“Obviously that was inaccurate,” Gascón said. “It didn’t impact our investigation one way or another, but I think it impacted the community’s view of the credibility of the police chief at the time.”\u003c/p>\n\u003cp>Four officers besides August opened fire during the incident. All told, police fired 26 rounds at Woods, who was hit 20 times, according to an autopsy.\u003c/p>\n\u003cp>The district attorney’s report says investigators with the DA’s Independent Investigations Bureau were unable to identify every officer who was on the scene “because most SFPD officers we contacted refused to cooperate with IIB’s investigation.” The DA’s bureau has been \u003ca href=\"https://www.kqed.org/news/11331921/s-f-das-effort-to-take-lead-in-police-shooting-cases-stalls-as-officers-union-seeks-negotiation\" target=\"_blank\" rel=\"noopener\">poised for over a year\u003c/a> to take a lead role in police shooting cases, which are currently led by the Police Department’s homicide division, but the final agreement on that change has stalled in negotiations with the officers union.\u003c/p>\n\u003cp>Several of the officers referenced “the 21-foot rule” as a reason they fired when Woods got too close to August. That’s based on a belief that an adult male armed with a knife can cover about 21 feet in the time it takes an officer to draw a gun and fire. SFPD does not teach the theory as a “rule,” but does generally instruct officers that suspects armed with knives can cover a lot of distance in a short time, according to the district attorney’s report.\u003c/p>\n\u003cp>Attorney Adante Pointer, who represents Mario Woods’ mother, said Woods didn’t say any of the things he’s quoted as saying in the district attorney’s report.\u003c/p>\n\u003cp>“Mario Woods never threatened a single officer on that scene by saying anything,” Pointer said. “He didn’t make any suicidal statements to them, nor did he make any type of homicidal statements to them. He never lunged at anybody with a knife. He never threw the knife at anyone. He didn’t do so much as curse at those officers. So what we’re talking about here is a case where simple possession turns into a death sentence. It’s a comply or die mentality.”\u003c/p>\n\u003cp>An SFPD training sergeant, Steven Pomatto, found that all of the officers acted in accordance with their training, and an independent use-of-force expert retained by the district attorney’s office found the officers followed national standards for use of force.\u003c/p>\n\u003cp>“Though he believed that the officers acted in accordance with their training, Sgt. Pomatto would have preferred it if the officers had been able to take cover, but explained that the presence of bystanders may have caused the officers to create a tight perimeter around Woods,” the report says. “Sgt. Pomatto also said the officers’ tight semicircle increased the risk of cross-fire — i.e., officers hitting each other when they fired. The current training curriculum emphasizes more supervisory scene control with sergeants directing officers into position and handling crowd control.”\u003c/p>\n\u003cp>The \u003ca href=\"https://www.kqed.org/news/10861667/medical-examiners-report-on-mario-woods-shooting-released\" target=\"_blank\" rel=\"noopener\">medical examination\u003c/a> of Woods’ body found an intoxicating level of methamphetamine in his system. The DA’s report includes a forensic toxicologist’s statement that the presence of methamphetamine may explain why Woods did not react to the impact rounds or pepper spray that officers used before he was shot.\u003c/p>\n\u003cp>“At the point at which the officers fired, Woods was less than eight feet away from Officer August,” the report says. “At this distance, it was not unreasonable to believe that Woods posed an imminent threat of serious bodily injury to Officer August, even though Woods was not lunging towards or attempting to stab Officer August.”\u003c/p>\n\u003cp>\u003cstrong>Luis Góngora\u003c/strong>\u003c/p>\n\u003cp>After the Woods shooting, Mayor Ed Lee and Police Chief Suhr each \u003ca href=\"https://ww2.kqed.org/news/2016/01/07/s-f-mayor-pushes-police-to-fast-track-use-of-force-reform-chief-calls-in-feds/\" target=\"_blank\" rel=\"noopener\">announced “a comprehensive review”\u003c/a> of the SFPD’s use-of-force policies — including consultation with the federal agencies. A \u003ca href=\"https://ww2.kqed.org/news/2016/01/21/dramatic-divide-between-cops-protesters-at-s-f-police-commission-meeting/\" target=\"_blank\" rel=\"noopener\">heated debate\u003c/a> was playing out over what would become the Police Department’s new use-of-force policy.\u003c/p>\n\u003cp>On the morning of April 7, 2016, two SFPD officers responded to a Mission District street after a homeless outreach worker called to report a man acting erratically and waving a large knife.\u003c/p>\n\u003cp>The San Francisco Homeless Outreach Team member who called police reported that she was reluctant to do so and would later struggle with the decision, according to the district attorney’s report.\u003c/p>\n\u003cp>“[S]he has been traumatized by this incident and feels responsible because she was the one who called 911,” the report says.\u003c/p>\n\u003cp>SFPD Officer Michael Mellone and Sgt. Nate Steger first contacted Góngora just after 10 a.m. as he was sitting with his back against a PG&E building on Shotwell Street, holding a knife. They were soon joined by Officer Esteban Perez.\u003c/p>\n\u003cp>Steger and Mellone approached Góngora, ordering him to drop the knife. Mellone can be seen on surveillance video originally published by the San Francisco Chronicle pointing a shotgun that fires impact rounds, and Steger drew his firearm to provide cover to Mellone, according to the officers’ statements in the district attorney’s report. Perez repeated the commands to drop the knife in Spanish, according to the report.\u003c/p>\n\u003cp>At one point, Mellone broadcast that the suspect “just dropped the knife,” but Góngora almost immediately picked it back up, according to the report, which cites all three officers’ statements and several civilian witness accounts.\u003c/p>\n\u003cp>About 22 seconds elapsed between the officers’ initial contact with Góngora and the gunshots that would kill him, according to the report and the surveillance video, which captures the officers but does not show Góngora’s actions because he was outside the camera’s frame.\u003c/p>\n\u003cp>Mellone fired four beanbag rounds from the impact weapon. The rounds hit Góngora as he was seated and starting to stand, according to Mellone’s statement in the district attorney’s report.\u003c/p>\n\u003cp>“Officer Mellone said he was stunned by how ineffective the beanbags were,” the report says.\u003c/p>\n\u003cp>After he stood, Góngora took a couple of steps, then turned and ran toward Steger, according to the officers’ statements and multiple civilian witnesses.\u003c/p>\n\u003cp>“Because he was ‘scared’ that Góngora was going to kill him, Sergeant Steger fired his gun at Góngora’s torso as Góngora got within approximately eight to ten feet,” the report says.”Góngora continued to advance toward him, so Sergeant Steger backed away and fired additional rounds, including a shot to Góngora’s head. Sergeant Steger felt he had no choice but to use deadly force.”\u003c/p>\n\u003cp>Mellone transitioned from the impact shotgun to his firearm and also shot at Góngora. Perez did not fire his weapon.\u003c/p>\n\u003cp>An \u003ca href=\"https://www.kqed.org/news/11109658/autopsy-for-homeless-man-killed-in-s-f-police-shooting-released\" target=\"_blank\" rel=\"noopener\">autopsy\u003c/a> found Góngora was shot six times, including once in the head. He was pronounced dead at the hospital later that day. A city forensic toxicologist found that “Góngora’s methamphetamine level was high enough to kill or hospitalize a non-habitual user,” according to the district attorney’s report.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/10922766/officer-involved-shooting-in-s-f-s-mission-district\" target=\"_blank\" rel=\"noopener\">Witnesses\u003c/a> who lived in a cluster of tents on Shotwell Street said on the day of the shooting that Góngora was not holding the knife when he was shot, and that they believed it was tucked into his belt. The district attorney’s investigation found that those accounts did not match the physical evidence, including the discovery of the knife near Góngora’s body, and other witness accounts of the knife still being in his hand immediately after he was shot. The district attorney’s report found that Góngora had traveled about 23 feet toward Steger during the short encounter, based on his initial position and where he fell after he was shot.\u003c/p>\n\u003cp>The district attorney’s report on the Góngora shooting appears more critical of officers’ tactics than the report on the shooting of Woods. It says, “[T]his evaluation \u003cstrong>does not\u003c/strong> address issues such as whether officers used appropriate crisis intervention tactics or issues related to civil liability.” (Emphasis in original document.)\u003c/p>\n\u003cp>In an interview Wednesday, Gascón was more straightforward.\u003c/p>\n\u003cp>“The whole concept of time and distance never really played a role” in the Góngora shooting, Gascón said. “The question for me is not the last 10, 15 seconds of the incident. The question for me is was that necessary? Do we have to push ourselves to get to that point. Everything happened in 22 seconds.”\u003c/p>\n\u003cp>Suhr, who wrote the initial policy that required SFPD officers to create “time and distance,” made similar statements in the days following Góngora’s death.\u003c/p>\n\u003cp>“I’ve been talking time and distance and de-escalation — that’s pretty much all I’ve been talking about all of 2016,” Suhr said a week after the shooting. “So there’ll be a lot of questions about tactics on why that didn’t happen.”\u003c/p>\n\u003cp>Góngora’s death escalated pressure for Suhr’s ouster, including the launch of a 17-day hunger strike outside Mission Station. \u003ca href=\"https://www.kqed.org/news/10961193/suhr-resigns-after-series-of-fatal-officer-involved-shootings\" target=\"_blank\" rel=\"noopener\">Suhr resigned\u003c/a> on May 19, 2016, hours after the fatal police shooting of Jessica Williams on a Bayview District street.\u003c/p>\n\u003cp>\u003cstrong>‘Reasonable’ Versus ‘Necessary’\u003c/strong>\u003c/p>\n\u003cp>Gascón said he supports AB 931 — the legislation changing the legal standard for police use of force — because it would allow consideration of alternatives to deadly force when making charging decisions about police shootings.\u003c/p>\n\u003cp>More important, Gascón said, changing the legal standard would force police departments to alter training and use-of-force policies and would prevent many shootings.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“I don’t believe that we want to live in a society where we take human life so lightly that we’re willing to take it just because we can,” he said.\u003c/p>\n\n",
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"excerpt": "San Francisco District Attorney George Gascón calls fatal shootings of Mario Woods and Luis Góngora 'disturbing' and 'unnecessary' -- but says legal standard for charging police officers makes it impossible to file charges. ",
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"title": "No Charges: S.F. DA Closes Two Controversial Police Shooting Cases That Led to Era of Reform | KQED",
"description": "San Francisco District Attorney George Gascón calls fatal shootings of Mario Woods and Luis Góngora 'disturbing' and 'unnecessary' -- but says legal standard for charging police officers makes it impossible to file charges. ",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated Thursday, 4:30 p.m.\u003c/em>\u003c/p>\n\u003cp>San Francisco District Attorney George Gascón announced Thursday his office will not file criminal charges against police officers involved in two fatal shootings that were responsible in part for forcing the resignation of former Police Chief Greg Suhr and prompting a sweeping Police Department reform effort.\u003c/p>\n\u003cp>In an interview Wednesday, Gascón called the SFPD shootings of \u003ca href=\"https://www.kqed.org/news/tag/mario-woods\" target=\"_blank\" rel=\"noopener\">Mario Woods\u003c/a> and \u003ca href=\"https://www.kqed.org/news/tag/luis-gongora\" target=\"_blank\" rel=\"noopener\">Luis Góngora\u003c/a> “disturbing” and “unnecessary.”\u003c/p>\n\u003cp>“To the Woods family and the Góngora family, there are not enough words that I can say that are going to bring their loved one back,” Gascón said. “And all I can say with a tremendous amount of sorrow is that I’m very sorry. I’m very sorry that they lost a son, they lost a brother, a friend, because I don’t believe that that was necessary.”\u003c/p>\n\u003cp>But Gascón said the legal standard for criminally charging police officers for on-duty use of force makes it impossible to file charges in either case. He said changing that legal standard would likely prevent similar shootings.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Gascón is the only California district attorney in support of \u003ca href=\"https://www.kqed.org/news/11659697/bill-would-change-when-california-cops-can-use-deadly-force\" target=\"_blank\" rel=\"noopener\">AB 931, pending legislation\u003c/a> that would change the legal standard for police use of deadly force from “reasonable” to “necessary.”\u003c/p>\n\u003cp>“The law should be changed, but the law does not in and of itself prevent these prosecutions from taking place,” civil rights attorney Adante Pointer said Thursday after Gascón’s charging decision was made public. “We don’t think that it was reasonable to fire 21 shots at Mario Woods or seven shots at Luis Góngora Pat. That’s unreasonable.”\u003c/p>\n\u003cp>Here are summaries of the Woods and Góngora cases and the district attorney’s findings:\u003c/p>\n\u003cp>\u003cstrong>Mario Woods\u003c/strong>\u003c/p>\n\u003cp>Bystander video captured the death of Mario Woods on the afternoon of Dec. 2, 2015, from multiple angles. By evening, videos were spreading online and sending a shudder through city leadership that would spawn a \u003ca href=\"https://www.kqed.org/news/10851435\" target=\"_blank\" rel=\"noopener\">federal review\u003c/a> of the Police Department and a complete \u003ca href=\"https://www.kqed.org/news/10999007\" target=\"_blank\" rel=\"noopener\">rewriting\u003c/a> of its rules governing officers’ use of force.\u003c/p>\n\u003cp>According to the district attorney’s account released Thursday, two officers patrolling the city’s Bayview neighborhood on that Wednesday afternoon were on the lookout for a man suspected of stabbing another man during a street confrontation. They spotted Woods, who police said matched witnesses’ description of the suspect, near a bus stop just off Third Street.\u003c/p>\n\u003cp>“Officer [Charles] August made initial contact with Woods, who immediately brandished a knife and started walking away,” the report says. “Officer August reported that he repeatedly told Woods to drop the knife, and Woods was ‘yellin’ back’ at him: ‘You’re gonna have to fuckin’ shoot me.’ ”\u003c/p>\n\u003cdiv style=\"width: 100%\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html?source=v2:2PACX-1vSlaNRw-mQjxRlKnnGNJqlE97gQe1iTdq0aXgx4iyNCKnlJ06oiy5qNh4y6Rk8VWA&font=Default&lang=en&initial_zoom=2&height=650\" width=\"100%\" height=\"650\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\n\u003c/div>\n\u003cp>Officer Brandon Thompson broadcast on police radio that Woods had a knife and was “coming at my partner.” He requested backup and for officers to bring a “less lethal” weapon that fires beanbag rounds.\u003c/p>\n\u003cp>Approximately nine officers with guns drawn formed a semicircle around Woods as he backed up against a building on Keith Street, just off Third Street.\u003c/p>\n\u003cp>Officers fired six impact rounds at Woods and pepper-sprayed him, the report says, but neither measure had much effect and Woods continued to hold a 4.5-inch serrated knife.\u003c/p>\n\u003cp>Dispatch recordings captured some of the discussion of the incident in real time. A supervisor, Sgt. Hugh Hall, ordered officers to fire impact rounds at Woods.\u003c/p>\n\u003cp>“Sgt. Hall then said, ‘Time and distance, time and distance,'” according to the district attorney’s report — a reference to an \u003ca href=\"https://www.scribd.com/document/259504904/SFPD-Bulletin-Response-to-Mental-Health-Calls-With-Armed-Suspects\" target=\"_blank\" rel=\"noopener\">SFPD policy\u003c/a> dating back to 2013 that encourages officers to wait out people armed with an edged weapon who may not be a danger to anyone but themselves.\u003c/p>\n\u003cp>“Officer Thompson reported that [the impact rounds] had been deployed four times but Woods was ‘refusing to drop the knife,'” the report says.\u003c/p>\n\u003cp>When Woods started to walk north toward a group of bystanders, “the standoff escalated,” the report says. August walked backward and into Woods’ path.\u003c/p>\n\u003cp>“Officer August stated he believed Woods posed a potential danger to the civilians and might take one as a hostage,” the report says. “According to August, Woods never raised his voice, but kept repeating, ‘You’re gonna have to shoot me.'”\u003c/p>\n\u003cp>August fired five times. “Officer August did not believe he could have done anything differently,” the report says.\u003c/p>\n\u003cp>In the days following the shooting, former Police Chief Greg Suhr said at a town hall meeting that the bystander video showed Woods raise the knife and lunge at an officer. A \u003ca href=\"https://www.kqed.org/news/10786115/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\" rel=\"noopener\">KQED analysis\u003c/a> of the video indicated that Woods’ hand did not raise until after he was shot and began to fall backward.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/ij5TZuohoRg'\n title='//www.youtube.com/embed/ij5TZuohoRg'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>Gascón said Suhr’s statements did not negatively impact his office’s investigation.\u003c/p>\n\u003cp>“Obviously that was inaccurate,” Gascón said. “It didn’t impact our investigation one way or another, but I think it impacted the community’s view of the credibility of the police chief at the time.”\u003c/p>\n\u003cp>Four officers besides August opened fire during the incident. All told, police fired 26 rounds at Woods, who was hit 20 times, according to an autopsy.\u003c/p>\n\u003cp>The district attorney’s report says investigators with the DA’s Independent Investigations Bureau were unable to identify every officer who was on the scene “because most SFPD officers we contacted refused to cooperate with IIB’s investigation.” The DA’s bureau has been \u003ca href=\"https://www.kqed.org/news/11331921/s-f-das-effort-to-take-lead-in-police-shooting-cases-stalls-as-officers-union-seeks-negotiation\" target=\"_blank\" rel=\"noopener\">poised for over a year\u003c/a> to take a lead role in police shooting cases, which are currently led by the Police Department’s homicide division, but the final agreement on that change has stalled in negotiations with the officers union.\u003c/p>\n\u003cp>Several of the officers referenced “the 21-foot rule” as a reason they fired when Woods got too close to August. That’s based on a belief that an adult male armed with a knife can cover about 21 feet in the time it takes an officer to draw a gun and fire. SFPD does not teach the theory as a “rule,” but does generally instruct officers that suspects armed with knives can cover a lot of distance in a short time, according to the district attorney’s report.\u003c/p>\n\u003cp>Attorney Adante Pointer, who represents Mario Woods’ mother, said Woods didn’t say any of the things he’s quoted as saying in the district attorney’s report.\u003c/p>\n\u003cp>“Mario Woods never threatened a single officer on that scene by saying anything,” Pointer said. “He didn’t make any suicidal statements to them, nor did he make any type of homicidal statements to them. He never lunged at anybody with a knife. He never threw the knife at anyone. He didn’t do so much as curse at those officers. So what we’re talking about here is a case where simple possession turns into a death sentence. It’s a comply or die mentality.”\u003c/p>\n\u003cp>An SFPD training sergeant, Steven Pomatto, found that all of the officers acted in accordance with their training, and an independent use-of-force expert retained by the district attorney’s office found the officers followed national standards for use of force.\u003c/p>\n\u003cp>“Though he believed that the officers acted in accordance with their training, Sgt. Pomatto would have preferred it if the officers had been able to take cover, but explained that the presence of bystanders may have caused the officers to create a tight perimeter around Woods,” the report says. “Sgt. Pomatto also said the officers’ tight semicircle increased the risk of cross-fire — i.e., officers hitting each other when they fired. The current training curriculum emphasizes more supervisory scene control with sergeants directing officers into position and handling crowd control.”\u003c/p>\n\u003cp>The \u003ca href=\"https://www.kqed.org/news/10861667/medical-examiners-report-on-mario-woods-shooting-released\" target=\"_blank\" rel=\"noopener\">medical examination\u003c/a> of Woods’ body found an intoxicating level of methamphetamine in his system. The DA’s report includes a forensic toxicologist’s statement that the presence of methamphetamine may explain why Woods did not react to the impact rounds or pepper spray that officers used before he was shot.\u003c/p>\n\u003cp>“At the point at which the officers fired, Woods was less than eight feet away from Officer August,” the report says. “At this distance, it was not unreasonable to believe that Woods posed an imminent threat of serious bodily injury to Officer August, even though Woods was not lunging towards or attempting to stab Officer August.”\u003c/p>\n\u003cp>\u003cstrong>Luis Góngora\u003c/strong>\u003c/p>\n\u003cp>After the Woods shooting, Mayor Ed Lee and Police Chief Suhr each \u003ca href=\"https://ww2.kqed.org/news/2016/01/07/s-f-mayor-pushes-police-to-fast-track-use-of-force-reform-chief-calls-in-feds/\" target=\"_blank\" rel=\"noopener\">announced “a comprehensive review”\u003c/a> of the SFPD’s use-of-force policies — including consultation with the federal agencies. A \u003ca href=\"https://ww2.kqed.org/news/2016/01/21/dramatic-divide-between-cops-protesters-at-s-f-police-commission-meeting/\" target=\"_blank\" rel=\"noopener\">heated debate\u003c/a> was playing out over what would become the Police Department’s new use-of-force policy.\u003c/p>\n\u003cp>On the morning of April 7, 2016, two SFPD officers responded to a Mission District street after a homeless outreach worker called to report a man acting erratically and waving a large knife.\u003c/p>\n\u003cp>The San Francisco Homeless Outreach Team member who called police reported that she was reluctant to do so and would later struggle with the decision, according to the district attorney’s report.\u003c/p>\n\u003cp>“[S]he has been traumatized by this incident and feels responsible because she was the one who called 911,” the report says.\u003c/p>\n\u003cp>SFPD Officer Michael Mellone and Sgt. Nate Steger first contacted Góngora just after 10 a.m. as he was sitting with his back against a PG&E building on Shotwell Street, holding a knife. They were soon joined by Officer Esteban Perez.\u003c/p>\n\u003cp>Steger and Mellone approached Góngora, ordering him to drop the knife. Mellone can be seen on surveillance video originally published by the San Francisco Chronicle pointing a shotgun that fires impact rounds, and Steger drew his firearm to provide cover to Mellone, according to the officers’ statements in the district attorney’s report. Perez repeated the commands to drop the knife in Spanish, according to the report.\u003c/p>\n\u003cp>At one point, Mellone broadcast that the suspect “just dropped the knife,” but Góngora almost immediately picked it back up, according to the report, which cites all three officers’ statements and several civilian witness accounts.\u003c/p>\n\u003cp>About 22 seconds elapsed between the officers’ initial contact with Góngora and the gunshots that would kill him, according to the report and the surveillance video, which captures the officers but does not show Góngora’s actions because he was outside the camera’s frame.\u003c/p>\n\u003cp>Mellone fired four beanbag rounds from the impact weapon. The rounds hit Góngora as he was seated and starting to stand, according to Mellone’s statement in the district attorney’s report.\u003c/p>\n\u003cp>“Officer Mellone said he was stunned by how ineffective the beanbags were,” the report says.\u003c/p>\n\u003cp>After he stood, Góngora took a couple of steps, then turned and ran toward Steger, according to the officers’ statements and multiple civilian witnesses.\u003c/p>\n\u003cp>“Because he was ‘scared’ that Góngora was going to kill him, Sergeant Steger fired his gun at Góngora’s torso as Góngora got within approximately eight to ten feet,” the report says.”Góngora continued to advance toward him, so Sergeant Steger backed away and fired additional rounds, including a shot to Góngora’s head. Sergeant Steger felt he had no choice but to use deadly force.”\u003c/p>\n\u003cp>Mellone transitioned from the impact shotgun to his firearm and also shot at Góngora. Perez did not fire his weapon.\u003c/p>\n\u003cp>An \u003ca href=\"https://www.kqed.org/news/11109658/autopsy-for-homeless-man-killed-in-s-f-police-shooting-released\" target=\"_blank\" rel=\"noopener\">autopsy\u003c/a> found Góngora was shot six times, including once in the head. He was pronounced dead at the hospital later that day. A city forensic toxicologist found that “Góngora’s methamphetamine level was high enough to kill or hospitalize a non-habitual user,” according to the district attorney’s report.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/10922766/officer-involved-shooting-in-s-f-s-mission-district\" target=\"_blank\" rel=\"noopener\">Witnesses\u003c/a> who lived in a cluster of tents on Shotwell Street said on the day of the shooting that Góngora was not holding the knife when he was shot, and that they believed it was tucked into his belt. The district attorney’s investigation found that those accounts did not match the physical evidence, including the discovery of the knife near Góngora’s body, and other witness accounts of the knife still being in his hand immediately after he was shot. The district attorney’s report found that Góngora had traveled about 23 feet toward Steger during the short encounter, based on his initial position and where he fell after he was shot.\u003c/p>\n\u003cp>The district attorney’s report on the Góngora shooting appears more critical of officers’ tactics than the report on the shooting of Woods. It says, “[T]his evaluation \u003cstrong>does not\u003c/strong> address issues such as whether officers used appropriate crisis intervention tactics or issues related to civil liability.” (Emphasis in original document.)\u003c/p>\n\u003cp>In an interview Wednesday, Gascón was more straightforward.\u003c/p>\n\u003cp>“The whole concept of time and distance never really played a role” in the Góngora shooting, Gascón said. “The question for me is not the last 10, 15 seconds of the incident. The question for me is was that necessary? Do we have to push ourselves to get to that point. Everything happened in 22 seconds.”\u003c/p>\n\u003cp>Suhr, who wrote the initial policy that required SFPD officers to create “time and distance,” made similar statements in the days following Góngora’s death.\u003c/p>\n\u003cp>“I’ve been talking time and distance and de-escalation — that’s pretty much all I’ve been talking about all of 2016,” Suhr said a week after the shooting. “So there’ll be a lot of questions about tactics on why that didn’t happen.”\u003c/p>\n\u003cp>Góngora’s death escalated pressure for Suhr’s ouster, including the launch of a 17-day hunger strike outside Mission Station. \u003ca href=\"https://www.kqed.org/news/10961193/suhr-resigns-after-series-of-fatal-officer-involved-shootings\" target=\"_blank\" rel=\"noopener\">Suhr resigned\u003c/a> on May 19, 2016, hours after the fatal police shooting of Jessica Williams on a Bayview District street.\u003c/p>\n\u003cp>\u003cstrong>‘Reasonable’ Versus ‘Necessary’\u003c/strong>\u003c/p>\n\u003cp>Gascón said he supports AB 931 — the legislation changing the legal standard for police use of force — because it would allow consideration of alternatives to deadly force when making charging decisions about police shootings.\u003c/p>\n\u003cp>More important, Gascón said, changing the legal standard would force police departments to alter training and use-of-force policies and would prevent many shootings.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“I don’t believe that we want to live in a society where we take human life so lightly that we’re willing to take it just because we can,” he said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "As S.F. Appeals 'Textgate' Ruling, Accused Cops Collect Pay – At Least $2 Million So Far",
"title": "As S.F. Appeals 'Textgate' Ruling, Accused Cops Collect Pay – At Least $2 Million So Far",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>A group of San Francisco police officers who exchanged text messages peppered with racist, homophobic, sexist and other bigoted language have racked up more than $2 million in pay since a Superior Court judge ordered them back on the city's payroll in 2015, according to the deputy city attorney who argued an appeal of that ruling on Wednesday.\u003c/p>\n\u003cp>Some of the \u003ca href=\"https://www.kqed.org/news/10476086/sfpd-suspends-eight-officers-in-text-messaging-scandal\" target=\"_blank\" rel=\"noopener\">14 officers\u003c/a> implicated in a search of convicted former SFPD Sgt. Ian Furminger's cellphone \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\" rel=\"noopener\">resigned\u003c/a> in the days following the publication of some of the texts in a March 2015 federal \u003ca href=\"https://www.scribd.com/document/258662847/Government-Opposition-to-Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\" rel=\"noopener\">court filing\u003c/a>.\u003c/p>\n\u003cp>But nine officers -- backed by their union and led by named plaintiff Rain Daugherty -- \u003ca href=\"https://www.kqed.org/news/10523204/s-f-officers-accused-in-text-messaging-scandal-ask-judge-to-stop-firings\" target=\"_blank\" rel=\"noopener\">challenged\u003c/a> the Police Department's move to discipline them. The department, their \u003ca href=\"https://www.kqed.org/news/10573322/court-to-hear-sfpd-racist-texting-case-officers-back-on-paid-leave\" target=\"_blank\" rel=\"noopener\">attorneys argued\u003c/a> in court, blew through the state's one-year statute of limitations for responding to police misconduct by failing to act on the offending text messages for approximately three years while a federal investigation of \u003ca href=\"https://www.kqed.org/news/10441338/ex-sfpd-sergeant-sentenced-in-federal-corruption-case\" target=\"_blank\" rel=\"noopener\">Furminger\u003c/a> ran its course.\u003c/p>\n\u003cp>\"The law in our reading of it doesn’t prevent anything that the city did,\" Deputy City Attorney Kenneth Walczak said in an interview Tuesday as he prepared to argue San Francisco's position before the state's 1st District Court of Appeal.\u003c/p>\n\u003cp>\"The Superior Court was wrong here because it started that clock without accounting for the criminal investigation that led the department to discover the racist texts.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[documentcloud url=\"https://www.documentcloud.org/documents/4454517-Attachment-Government-Opposition-to-Defendant/\"]\u003c/p>\n\u003cp>Walczak said the law in question -- the Public Safety Officers Procedural Bill of Rights Act -- has explicit provisions that pause the statute of limitations for a criminal investigation.\u003c/p>\n\u003cp>Now-retired Superior Court Judge Ernest Goldsmith \u003ca href=\"https://www.kqed.org/news/10798240/judge-nears-ruling-on-s-f-cops-who-sent-bigoted-texts\" target=\"_blank\" rel=\"noopener\">didn't buy that argument\u003c/a> in late 2015, finding the text messages in question \"were not the subject of a criminal investigation.\"\u003c/p>\n\u003cp>\"The city is trying to piggyback on the Furminger investigation,\" Goldsmith said before making his final ruling in the case -- prohibiting the department from disciplining the officers and solidifying his earlier ruling that has kept them on the city's payroll.\u003c/p>\n\u003cp>Attorneys representing the officers point out that two SFPD lieutenants were aware of the text messages within the statute of limitations but didn't initiate a disciplinary probe, despite moving on other alleged misconduct discovered during the criminal investigation.\u003c/p>\n\u003cp>\"Twice during the joint investigation, Lieutenant [Jerome] DeFilippo exercised his authority to initiate misconduct investigations as a result of information obtained,\" says a brief opposing the city's appeal by attorney Alison Berry Wilkinson. \"Neither of the investigations Lieutenant DeFilippo initiated during the joint corruption investigation involved the text messages.\"\u003c/p>\n\u003cp>Another SFPD lieutenant had no problem with the officers remaining on the streets and testifying in court, according to the brief, \"despite knowing the character of the text messages.\"\u003c/p>\n\u003cp>\"Lieutenant [Michelle] Jean was not concerned with this misconduct because she had worked with each of the [officers], knew them to be good, effective police officers, and had never seen any of them act or enforce the laws in a racist, homophobic, or anti-Semitic manner,\" the brief says.\u003c/p>\n\u003cp>Deputy City Attorney Walczak said he's confident the appellate court will rule in San Francisco's favor, effectively allowing the nine officers to go through a closed-door disciplinary process before the Police Commission, where they will be allowed to further argue their case.\u003c/p>\n\u003cp>\"I think there is a cost to the city, both financially, paying officers who might have faced termination or might otherwise have been disciplined for this,\" Walczak said. \"But at the same time there’s also a cost in terms of the credibility of the department.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The appellate court is expected to issue a ruling within three months.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A group of San Francisco police officers who exchanged text messages peppered with racist, homophobic, sexist and other bigoted language have racked up more than $2 million in pay since a Superior Court judge ordered them back on the city's payroll in 2015, according to the deputy city attorney who argued an appeal of that ruling on Wednesday.\u003c/p>\n\u003cp>Some of the \u003ca href=\"https://www.kqed.org/news/10476086/sfpd-suspends-eight-officers-in-text-messaging-scandal\" target=\"_blank\" rel=\"noopener\">14 officers\u003c/a> implicated in a search of convicted former SFPD Sgt. Ian Furminger's cellphone \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\" rel=\"noopener\">resigned\u003c/a> in the days following the publication of some of the texts in a March 2015 federal \u003ca href=\"https://www.scribd.com/document/258662847/Government-Opposition-to-Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\" rel=\"noopener\">court filing\u003c/a>.\u003c/p>\n\u003cp>But nine officers -- backed by their union and led by named plaintiff Rain Daugherty -- \u003ca href=\"https://www.kqed.org/news/10523204/s-f-officers-accused-in-text-messaging-scandal-ask-judge-to-stop-firings\" target=\"_blank\" rel=\"noopener\">challenged\u003c/a> the Police Department's move to discipline them. The department, their \u003ca href=\"https://www.kqed.org/news/10573322/court-to-hear-sfpd-racist-texting-case-officers-back-on-paid-leave\" target=\"_blank\" rel=\"noopener\">attorneys argued\u003c/a> in court, blew through the state's one-year statute of limitations for responding to police misconduct by failing to act on the offending text messages for approximately three years while a federal investigation of \u003ca href=\"https://www.kqed.org/news/10441338/ex-sfpd-sergeant-sentenced-in-federal-corruption-case\" target=\"_blank\" rel=\"noopener\">Furminger\u003c/a> ran its course.\u003c/p>\n\u003cp>\"The law in our reading of it doesn’t prevent anything that the city did,\" Deputy City Attorney Kenneth Walczak said in an interview Tuesday as he prepared to argue San Francisco's position before the state's 1st District Court of Appeal.\u003c/p>\n\u003cp>\"The Superior Court was wrong here because it started that clock without accounting for the criminal investigation that led the department to discover the racist texts.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Walczak said the law in question -- the Public Safety Officers Procedural Bill of Rights Act -- has explicit provisions that pause the statute of limitations for a criminal investigation.\u003c/p>\n\u003cp>Now-retired Superior Court Judge Ernest Goldsmith \u003ca href=\"https://www.kqed.org/news/10798240/judge-nears-ruling-on-s-f-cops-who-sent-bigoted-texts\" target=\"_blank\" rel=\"noopener\">didn't buy that argument\u003c/a> in late 2015, finding the text messages in question \"were not the subject of a criminal investigation.\"\u003c/p>\n\u003cp>\"The city is trying to piggyback on the Furminger investigation,\" Goldsmith said before making his final ruling in the case -- prohibiting the department from disciplining the officers and solidifying his earlier ruling that has kept them on the city's payroll.\u003c/p>\n\u003cp>Attorneys representing the officers point out that two SFPD lieutenants were aware of the text messages within the statute of limitations but didn't initiate a disciplinary probe, despite moving on other alleged misconduct discovered during the criminal investigation.\u003c/p>\n\u003cp>\"Twice during the joint investigation, Lieutenant [Jerome] DeFilippo exercised his authority to initiate misconduct investigations as a result of information obtained,\" says a brief opposing the city's appeal by attorney Alison Berry Wilkinson. \"Neither of the investigations Lieutenant DeFilippo initiated during the joint corruption investigation involved the text messages.\"\u003c/p>\n\u003cp>Another SFPD lieutenant had no problem with the officers remaining on the streets and testifying in court, according to the brief, \"despite knowing the character of the text messages.\"\u003c/p>\n\u003cp>\"Lieutenant [Michelle] Jean was not concerned with this misconduct because she had worked with each of the [officers], knew them to be good, effective police officers, and had never seen any of them act or enforce the laws in a racist, homophobic, or anti-Semitic manner,\" the brief says.\u003c/p>\n\u003cp>Deputy City Attorney Walczak said he's confident the appellate court will rule in San Francisco's favor, effectively allowing the nine officers to go through a closed-door disciplinary process before the Police Commission, where they will be allowed to further argue their case.\u003c/p>\n\u003cp>\"I think there is a cost to the city, both financially, paying officers who might have faced termination or might otherwise have been disciplined for this,\" Walczak said. \"But at the same time there’s also a cost in terms of the credibility of the department.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The appellate court is expected to issue a ruling within three months.\u003c/p>\n\n\u003c/div>\u003c/p>",
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