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Francisco Police Department Deputy Chief Toney Chaplin, Chief Greg Suhr, Mission Station Capt. Daniel Perea, Investigations Cmdr. Greg McEachern and homicide division Lt. Edward Yu at an April 13 town hall meeting on the fatal police shooting of Luis Gongora.","description":"San Francisco Police Department Deputy Chief Toney Chaplin, Chief Greg Suhr, Mission Station Capt. Daniel Perea, Investigations Cmdr. Greg McEachern and homicide division Lt. Edward Yu at an April 13 town hall meeting on the fatal police shooting of Luis Gongora.","title":"RS19121_IMG_4982.JPG-alt_421","credit":"Alex Emslie/KQED","status":"inherit","fetchFailed":false,"isLoading":false}},"audioPlayerReducer":{"postId":"stream_live"},"authorsReducer":{"aemslie":{"type":"authors","id":"3206","meta":{"index":"authors_1716337520","id":"3206","found":true},"name":"Alex Emslie","firstName":"Alex","lastName":"Emslie","slug":"aemslie","email":"aemslie@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Senior Editor","bio":"Alex Emslie is senior editor of talent and development at KQED, where he manages dozens of early career journalists and oversees news department internships.\r\n\r\nHe is a former carpenter and proud graduate of City College of San Francisco and San Francisco State University, where he studied journalism and criminal justice before joining KQED in 2013.\r\n\r\nAlex produced investigative journalism focused on \u003ca href=\"https://www.kqed.org/news/11667594/the-trials-of-marvin-mutch-video\">criminal justice\u003c/a> and policing for most of a decade. He has broken major stories about \u003ca href=\"https://www.kqed.org/news/135682/amid-a-series-of-vallejo-police-shootings-one-officers-name-stands-out\">police use of deadly force\u003c/a>, \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\">officer misconduct\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area\">other\u003c/a> \u003ca href=\"https://www.kqed.org/news/11221414/hayward-paid-159000-to-husband-of-retired-police-chief-documents-show\">high\u003c/a>-\u003ca href=\"https://www.kqed.org/news/10622762/the-forgotten-tracking-two-homicides-in-san-francisco-public-housing\">profile\u003c/a> \u003ca href=\"https://www.kqed.org/news/11624516/federal-agency-promoted-ranger-just-months-after-his-gun-was-stolen-and-used-in-steinle-killing\">cases\u003c/a>. He co-founded the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\">California Reporting Project\u003c/a> in 2019 to obtain and report on previously confidential police internal investigations. The effort produced well over 100 original stories and changed the course of multiple criminal cases.\r\n\r\nHis work has been recognized with numerous journalism awards, including a national Edward R. Murrow award for several years of \u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\">reporting\u003c/a> on the San Francisco Police shooting of Mario Woods. His \u003ca href=\"https://www.kqed.org/news/147854/half-of-those-killed-by-san-francisco-police-are-mentally-ill\">reporting\u003c/a> on police killings of people in psychiatric crisis was cited in amicus briefs before the U.S. Supreme Court.\r\n\r\nAlex now enjoys mentoring the next generation of journalists at KQED.","avatar":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twitter":"SFNewsReporter","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["editor"]},{"site":"mindshift","roles":["editor"]},{"site":"stateofhealth","roles":["editor"]},{"site":"science","roles":["administrator"]}],"headData":{"title":"Alex Emslie | KQED","description":"KQED Senior Editor","ogImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/aemslie"},"markfiore":{"type":"authors","id":"3236","meta":{"index":"authors_1716337520","id":"3236","found":true},"name":"Mark Fiore","firstName":"Mark","lastName":"Fiore","slug":"markfiore","email":"mark@markfiore.com","display_author_email":false,"staff_mastheads":["news"],"title":"KQED News Cartoonist","bio":"\u003ca href=\"http://www.MarkFiore.com\">MarkFiore.com\u003c/a> | \u003ca href=\"https://twitter.com/markfiore\">Follow on Twitter\u003c/a> | \u003ca href=\"https://www.facebook.com/pages/Mark-Fiore-Animated-Political-Cartoons/94451707396?ref=bookmarks\">Facebook\u003c/a> | \u003ca href=\"mailto:mark@markfiore.com\">email\u003c/a>\r\n\r\nPulitzer Prize-winner, Mark Fiore, who the Wall Street Journal has called “the undisputed guru of the form,” creates animated political cartoons in San Francisco, where his work has been featured regularly on the San Francisco Chronicle’s web site, SFGate.com. His work has appeared on Newsweek.com, Slate.com, CBSNews.com, MotherJones.com, DailyKos.com and NPR’s web site. Fiore’s political animation has appeared on CNN, Frontline, Bill Moyers Journal, Salon.com and cable and broadcast outlets across the globe.\r\n\r\nBeginning his professional life by drawing traditional political cartoons for newspapers, Fiore’s work appeared in publications ranging from the Washington Post to the Los Angeles Times. In the late 1990s, he began to experiment with animating political cartoons and, after a short stint at the San Jose Mercury News as their staff cartoonist, Fiore devoted all his energies to animation.\r\nGrowing up in California, Fiore also spent a good portion of his life in the backwoods of Idaho. It was this combination that shaped him politically. Mark majored in political science at Colorado College, where, in a perfect send-off for a cartoonist, he received his diploma in 1991 as commencement speaker Dick Cheney smiled approvingly.\r\nMark Fiore was awarded the Pulitzer Prize for political cartooning in 2010, a Robert F. Kennedy Journalism Award in 2004 and has twice received an Online Journalism Award for commentary from the Online News Association (2002, 2008). Fiore has received two awards for his work in new media from the National Cartoonists Society (2001, 2002), and in 2006 received The James Madison Freedom of Information Award from The Society of Professional Journalists.","avatar":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g","twitter":"MarkFiore","facebook":null,"instagram":"https://www.instagram.com/markfiore/?hl=en","linkedin":null,"sites":[{"site":"arts","roles":["contributor"]},{"site":"news","roles":["editor"]},{"site":"futureofyou","roles":["editor"]},{"site":"science","roles":["editor"]}],"headData":{"title":"Mark Fiore | KQED","description":"KQED News Cartoonist","ogImgSrc":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/markfiore"},"eaguilar":{"type":"authors","id":"11382","meta":{"index":"authors_1716337520","id":"11382","found":true},"name":"Erika Aguilar","firstName":"Erika","lastName":"Aguilar","slug":"eaguilar","email":"eaa712@gmail.com","display_author_email":false,"staff_mastheads":[],"title":"KQED Contributor","bio":"Erika Aguilar was the director of podcasts at KQED. She was in charge of KQED's portfolio of original podcasts and teams, and sets strategic plans for production and engagement.\r\n\r\nErika helped establish KQED's new housing affordability desk as senior editor. She was also a producer and editor for KQED's local news podcast called \u003cem>The Bay, \u003c/em>and wrote stories about housing in the Bay Area as a reporter for KQED News.\r\n\r\nErika joined KQED in 2017 after producing independent audio projects and podcasts in Southern California. She spent more than a dozen years reporting stories about law enforcement, breaking news, homelessness, government and the environment for KPCC in Los Angeles and KUT in Austin. She also volunteers as an editor and mentor for various journalism training programs.\r\n\r\nErika Aguilar is a proud Tejana from San Antonio. She believes in compromise, optimism and Selena.","avatar":"https://secure.gravatar.com/avatar/85bf7bb8dd9af4136525d94cef00f026?s=600&d=blank&r=g","twitter":"erikaaaguilar","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"","roles":["editor"]},{"site":"news","roles":["subscriber"]},{"site":"podcasts","roles":["editor"]}],"headData":{"title":"Erika Aguilar | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/85bf7bb8dd9af4136525d94cef00f026?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/85bf7bb8dd9af4136525d94cef00f026?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/eaguilar"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11757334":{"type":"posts","id":"news_11757334","meta":{"index":"posts_1716263798","site":"news","id":"11757334","score":null,"sort":[1561573041000]},"parent":0,"labelTerm":{"site":"news"},"blocks":[],"publishDate":1561573041,"format":"standard","disqusTitle":"S.F. Oversight Agency Calls for Suspension of Officers Who Shot Homeless Man in 2016","title":"S.F. Oversight Agency Calls for Suspension of Officers Who Shot Homeless Man in 2016","headTitle":"KQED News","content":"\u003cp>\u003cem>Updated 12:12 p.m. Wednesday\u003c/em>\u003c/p>\n\u003cp>Investigators for San Francisco's police oversight agency have recommended the suspension of two officers who rushed and fatally shot a man holding a knife on a Mission District street three years ago, according to a Department of Police Accountability case file released Tuesday under a \u003ca href=\"https://www.kqed.org/news/tag/police-records\" target=\"_blank\" rel=\"noopener\">new transparency law\u003c/a>.\u003c/p>\n\u003cp>[aside postID='news_11671319,news_11670339,news_10928749' label='More on the Killing of Luís Góngora Pat' heroLink='https://www.kqed.org/news/tag/luis-gongora' target='_blank']\u003c/p>\n\u003cp>The inquiry's finding that SFPD Officer Michael Mellone and Sgt. Nathaniel Steger be suspended for \"neglect of duty\" in the April 7, 2016, slaying of Luís Góngora Pat is unusual in that officers are rarely disciplined for fatal on-duty shootings.\u003c/p>\n\u003cp>The finding was made on June 14, 2019. Both officers have long since returned to duty, after being on administrative leave, and records show the completion of the oversight investigations stalled while a federal civil rights \u003ca href=\"https://www.kqed.org/news/11119924/family-of-homeless-man-killed-by-sfpd-officers-files-federal-lawsuit\" target=\"_blank\" rel=\"noopener\">lawsuit\u003c/a> brought by Góngora's family was resolved. San Francisco settled the case for $140,000 in April of this year.\u003c/p>\n\u003cp>\"We want them not only to be suspended, but to be fired and not allowed to ever have another job in which they can carry weapons and risk the lives of families,\" Luis Poot Pat, the victim's cousin, said through an interpreter Wednesday in reaction to the Department of Police Accountability's recommendations.\u003c/p>\n\u003cp>\"My family was destroyed by these two policemen,\" said Jóse Góngora Pat, brother of the slain man, adding that he still wants criminal charges to be filed against the officers, which District Attorney George Gascón \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\">declined to do\u003c/a> in May 2018.\u003c/p>\n\u003cp>\u003cstrong>'Get on the Ground!'\u003c/strong>\u003c/p>\n\u003cp>The officers arrived on Shotwell Street between 18th and 19th streets at about 10 a.m., responding to a 911 call from a homeless outreach worker who reported seeing Góngora waving a large kitchen knife — though he wasn't directly threatening anyone.\u003c/p>\n\u003cp>The officers' approach was caught on a home security camera, showing Mellone pointing a shotgun loaded with beanbag rounds as he shouted \"Get on the ground!\"\u003c/p>\n\u003cp>Góngora, who was sitting against a wall outside of the video's frame, briefly dropped a large kitchen knife, then picked it up again, according to both officers.\u003c/p>\n\u003cp>\"Put that down!\" Mellone shouted as he fired the first of four beanbag rounds. He and Steger can be seen moving toward Góngora, and then out of view.\u003c/p>\n\u003cp>Góngora stood up after the fourth beanbag round hit him, according to transcribed interviews with the officers and witnesses, and then charged toward Steger, who took a few steps back before he opened fire with his service weapon, a semiautomatic pistol. Steger hit Góngora twice in the torso and once in the head.\u003c/p>\n\u003cp>Mellone switched from the shotgun to his handgun and also fired. Góngora was shot a total of six times and pronounced dead at San Francisco General Hospital later that day.\u003cbr>\n[ad fullwidth]\u003cbr>\nA toxicology report \u003ca href=\"https://www.kqed.org/news/11109658/autopsy-for-homeless-man-killed-in-s-f-police-shooting-released\" target=\"_blank\" rel=\"noopener\">later confirmed\u003c/a> methamphetamine in Góngora's system. Both officers and some witnesses said he appeared to be in an altered state.\u003c/p>\n\u003cp>The fatal police shooting was the second in a trio of killings by SFPD officers in late 2015 and 2016 that led to former Police Chief Greg Suhr's \u003ca href=\"https://www.kqed.org/news/10961193/suhr-resigns-after-series-of-fatal-officer-involved-shootings\" target=\"_blank\" rel=\"noopener\">resignation\u003c/a> and \u003ca href=\"https://www.kqed.org/news/10981757/s-f-measure-expanding-civilian-police-oversight-gets-huge-voter-support\" target=\"_blank\" rel=\"noopener\">other\u003c/a> \u003ca href=\"https://www.kqed.org/news/10999007/s-f-police-commission-approves-new-use-of-force-rules-union-has-sticking-points\" target=\"_blank\" rel=\"noopener\">massive\u003c/a> \u003ca href=\"https://www.kqed.org/news/11126015/federal-review-of-sfpd-finds-major-faults-in-every-area-assessed\" target=\"_blank\" rel=\"noopener\">changes\u003c/a> in the department.\u003c/p>\n\u003cp>The shootings fueled outrage over police shootings that often killed people in psychiatric crisis, as the SFPD had \u003ca href=\"https://www.kqed.org/news/11317958/s-f-police-shooting-raises-questions-about-citys-response-to-psychiatric-crises\" target=\"_blank\" rel=\"noopener\">struggled\u003c/a> for several years to institute de-escalation principles that instruct officers to create \"time, distance and rapport\" when confronting armed and potentially unstable people.\u003c/p>\n\u003cp>Suhr publicly questioned the officers' actions within days of the shooting.\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,\" he said at a town hall meeting a week after Góngora's death. \"So there’ll be a lot of questions about tactics on why that didn’t happen.\"\u003c/p>\n\u003cp>\u003cstrong>Pending Discipline\u003c/strong>\u003c/p>\n\u003cp>In its inquiry, the Department of Police Accountability found that Mellone rushed in and escalated a calm situation, and violated almost every one of the department's rules for using a shotgun with beanbag rounds, called an \"extended-range impact weapon,\" or ERIW.\u003c/p>\n\u003cp>He didn't make a plan with Sgt. Steger, didn't call for an ambulance, didn't announce that he was about to fire the weapon, and shot all four beanbag rounds at the same area in an attempt to \" 'shoot' the knife out of Góngora's hand,\" the Department of Police Accountability's investigation says, \"contrary to the training he received.\"\u003c/p>\n\u003cp>\"It was Mellone’s unilateral decision to escalate the force used and close the distance to Góngora that robbed the officers of the ability to create time and distance under the circumstances,\" the oversight investigation found, recommending a 45-day suspension.\u003cbr>\n[aside tag='police-records' hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/03/Police-Art_1-1.gif\" heroLink=\"https://www.kqed.org/news/tag/police-records\" target=\"_blank\"]\u003cbr>\nThe Police Department's internal investigation, which was completed in August 2018, also found that Mellone violated the policy governing \"ranged impact weapons.\"\u003c/p>\n\u003cp>Civil rights attorney Adante Pointer, who represented Góngora's family in that lawsuit, said information that the officers violated policy was never turned over, and is now public only after the lawsuit was settled.\u003c/p>\n\u003cp>\"They owe us honest conversations and information, period,\" Pointer said.\u003c/p>\n\u003cp>The final determination on the misconduct and discipline appears to still be pending.\u003c/p>\n\u003cp>The Police Department's Firearms Discharge Review Board sent the case back for further investigation in March of this year, and it's scheduled to be reconsidered in the next few weeks.\u003c/p>\n\u003cp>The internal Police Department investigation found no fault with Sgt. Steger and recommended training for both officers. The Department of Police Accountability, however, found that Steger failed to supervise Mellone and recommended the sergeant be suspended for a month.\u003c/p>\n\u003cp>As part of its probe, the oversight agency hired private consultant Michael Gennaco to review the shooting.\u003c/p>\n\u003cp>\"As a supervisor, it was (Steger's) responsibility to instill concepts of ‘time and distance’ at the scene as expressly set out in the department’s training bulletin; in this case Sgt. Steger did or said nothing to advance these principles,\" Gennaco wrote in his report, finished in April of this year. “Had the sergeant performed consistent with department expectations of a field supervisor, the need to resort to deadly force could well have been avoided. Accordingly, a case can be made that Sgt. Steger should be held accountable for the supervisory lapses that impacted this tragic result.”\u003c/p>\n\u003cp>Department of Police Accountability Director Paul Henderson recommended that the ultimate discipline in the case be decided by the city's Police Commission, which handles cases involving potential punishments more severe than a 10-day suspension. He also requested a meeting with Police Chief William Scott before any final decisions on the case are made, according to the records. If Scott disagrees with the oversight agency's recommendations, Henderson can file the case directly to the Police Commission.\u003c/p>\n\u003cp>The Police Department did not immediately respond to questions seeking to clarify how the disciplinary process will proceed.\u003c/p>\n\u003cp>\"We're in the process of making appointments with the DPA and chief of police so the family can express their demands to them directly,\" said Adriana Camarena, an advocate for Góngora's family. \"We will also attend the next Police Commission meeting to make sure the commissioners act to ensure consequences.\"\u003c/p>\n\u003cp>\u003cem>This story was produced as part of the California Reporting Project, a collaboration of 40 newsrooms across the state to obtain and report on police misconduct and serious use-of-force records unsealed in 2019.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","disqusIdentifier":"11757334 https://ww2.kqed.org/news/?p=11757334","disqusUrl":"https://ww2.kqed.org/news/2019/06/26/s-f-oversight-agency-calls-for-suspension-of-officers-who-shot-homeless-man-in-2016/","stats":{"hasVideo":false,"hasChartOrMap":false,"hasAudio":false,"hasPolis":false,"wordCount":1339,"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"iframeSrcs":[],"paragraphCount":34},"modified":1561674087,"excerpt":"The recent findings on the 3-year-old case mark a rare recommendation that officers be disciplined for a fatal on-duty shooting.","headData":{"twImgId":"","twTitle":"","ogTitle":"","ogImgId":"","twDescription":"","description":"The recent findings on the 3-year-old case mark a rare recommendation that officers be disciplined for a fatal on-duty shooting.","title":"S.F. Oversight Agency Calls for Suspension of Officers Who Shot Homeless Man in 2016 | KQED","ogDescription":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"S.F. Oversight Agency Calls for Suspension of Officers Who Shot Homeless Man in 2016","datePublished":"2019-06-26T11:17:21-07:00","dateModified":"2019-06-27T15:21:27-07:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"guestAuthors":[],"slug":"s-f-oversight-agency-calls-for-suspension-of-officers-who-shot-homeless-man-in-2016","status":"publish","path":"/news/11757334/s-f-oversight-agency-calls-for-suspension-of-officers-who-shot-homeless-man-in-2016","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 12:12 p.m. Wednesday\u003c/em>\u003c/p>\n\u003cp>Investigators for San Francisco's police oversight agency have recommended the suspension of two officers who rushed and fatally shot a man holding a knife on a Mission District street three years ago, according to a Department of Police Accountability case file released Tuesday under a \u003ca href=\"https://www.kqed.org/news/tag/police-records\" target=\"_blank\" rel=\"noopener\">new transparency law\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11671319,news_11670339,news_10928749","label":"More on the Killing of Luís Góngora Pat ","herolink":"https://www.kqed.org/news/tag/luis-gongora","target":"_blank"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The inquiry's finding that SFPD Officer Michael Mellone and Sgt. Nathaniel Steger be suspended for \"neglect of duty\" in the April 7, 2016, slaying of Luís Góngora Pat is unusual in that officers are rarely disciplined for fatal on-duty shootings.\u003c/p>\n\u003cp>The finding was made on June 14, 2019. Both officers have long since returned to duty, after being on administrative leave, and records show the completion of the oversight investigations stalled while a federal civil rights \u003ca href=\"https://www.kqed.org/news/11119924/family-of-homeless-man-killed-by-sfpd-officers-files-federal-lawsuit\" target=\"_blank\" rel=\"noopener\">lawsuit\u003c/a> brought by Góngora's family was resolved. San Francisco settled the case for $140,000 in April of this year.\u003c/p>\n\u003cp>\"We want them not only to be suspended, but to be fired and not allowed to ever have another job in which they can carry weapons and risk the lives of families,\" Luis Poot Pat, the victim's cousin, said through an interpreter Wednesday in reaction to the Department of Police Accountability's recommendations.\u003c/p>\n\u003cp>\"My family was destroyed by these two policemen,\" said Jóse Góngora Pat, brother of the slain man, adding that he still wants criminal charges to be filed against the officers, which District Attorney George Gascón \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\">declined to do\u003c/a> in May 2018.\u003c/p>\n\u003cp>\u003cstrong>'Get on the Ground!'\u003c/strong>\u003c/p>\n\u003cp>The officers arrived on Shotwell Street between 18th and 19th streets at about 10 a.m., responding to a 911 call from a homeless outreach worker who reported seeing Góngora waving a large kitchen knife — though he wasn't directly threatening anyone.\u003c/p>\n\u003cp>The officers' approach was caught on a home security camera, showing Mellone pointing a shotgun loaded with beanbag rounds as he shouted \"Get on the ground!\"\u003c/p>\n\u003cp>Góngora, who was sitting against a wall outside of the video's frame, briefly dropped a large kitchen knife, then picked it up again, according to both officers.\u003c/p>\n\u003cp>\"Put that down!\" Mellone shouted as he fired the first of four beanbag rounds. He and Steger can be seen moving toward Góngora, and then out of view.\u003c/p>\n\u003cp>Góngora stood up after the fourth beanbag round hit him, according to transcribed interviews with the officers and witnesses, and then charged toward Steger, who took a few steps back before he opened fire with his service weapon, a semiautomatic pistol. Steger hit Góngora twice in the torso and once in the head.\u003c/p>\n\u003cp>Mellone switched from the shotgun to his handgun and also fired. Góngora was shot a total of six times and pronounced dead at San Francisco General Hospital later that day.\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\nA toxicology report \u003ca href=\"https://www.kqed.org/news/11109658/autopsy-for-homeless-man-killed-in-s-f-police-shooting-released\" target=\"_blank\" rel=\"noopener\">later confirmed\u003c/a> methamphetamine in Góngora's system. Both officers and some witnesses said he appeared to be in an altered state.\u003c/p>\n\u003cp>The fatal police shooting was the second in a trio of killings by SFPD officers in late 2015 and 2016 that led to former Police Chief Greg Suhr's \u003ca href=\"https://www.kqed.org/news/10961193/suhr-resigns-after-series-of-fatal-officer-involved-shootings\" target=\"_blank\" rel=\"noopener\">resignation\u003c/a> and \u003ca href=\"https://www.kqed.org/news/10981757/s-f-measure-expanding-civilian-police-oversight-gets-huge-voter-support\" target=\"_blank\" rel=\"noopener\">other\u003c/a> \u003ca href=\"https://www.kqed.org/news/10999007/s-f-police-commission-approves-new-use-of-force-rules-union-has-sticking-points\" target=\"_blank\" rel=\"noopener\">massive\u003c/a> \u003ca href=\"https://www.kqed.org/news/11126015/federal-review-of-sfpd-finds-major-faults-in-every-area-assessed\" target=\"_blank\" rel=\"noopener\">changes\u003c/a> in the department.\u003c/p>\n\u003cp>The shootings fueled outrage over police shootings that often killed people in psychiatric crisis, as the SFPD had \u003ca href=\"https://www.kqed.org/news/11317958/s-f-police-shooting-raises-questions-about-citys-response-to-psychiatric-crises\" target=\"_blank\" rel=\"noopener\">struggled\u003c/a> for several years to institute de-escalation principles that instruct officers to create \"time, distance and rapport\" when confronting armed and potentially unstable people.\u003c/p>\n\u003cp>Suhr publicly questioned the officers' actions within days of the shooting.\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,\" he said at a town hall meeting a week after Góngora's death. \"So there’ll be a lot of questions about tactics on why that didn’t happen.\"\u003c/p>\n\u003cp>\u003cstrong>Pending Discipline\u003c/strong>\u003c/p>\n\u003cp>In its inquiry, the Department of Police Accountability found that Mellone rushed in and escalated a calm situation, and violated almost every one of the department's rules for using a shotgun with beanbag rounds, called an \"extended-range impact weapon,\" or ERIW.\u003c/p>\n\u003cp>He didn't make a plan with Sgt. Steger, didn't call for an ambulance, didn't announce that he was about to fire the weapon, and shot all four beanbag rounds at the same area in an attempt to \" 'shoot' the knife out of Góngora's hand,\" the Department of Police Accountability's investigation says, \"contrary to the training he received.\"\u003c/p>\n\u003cp>\"It was Mellone’s unilateral decision to escalate the force used and close the distance to Góngora that robbed the officers of the ability to create time and distance under the circumstances,\" the oversight investigation found, recommending a 45-day suspension.\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"police-records","hero":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/03/Police-Art_1-1.gif","herolink":"https://www.kqed.org/news/tag/police-records","target":"_blank","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\nThe Police Department's internal investigation, which was completed in August 2018, also found that Mellone violated the policy governing \"ranged impact weapons.\"\u003c/p>\n\u003cp>Civil rights attorney Adante Pointer, who represented Góngora's family in that lawsuit, said information that the officers violated policy was never turned over, and is now public only after the lawsuit was settled.\u003c/p>\n\u003cp>\"They owe us honest conversations and information, period,\" Pointer said.\u003c/p>\n\u003cp>The final determination on the misconduct and discipline appears to still be pending.\u003c/p>\n\u003cp>The Police Department's Firearms Discharge Review Board sent the case back for further investigation in March of this year, and it's scheduled to be reconsidered in the next few weeks.\u003c/p>\n\u003cp>The internal Police Department investigation found no fault with Sgt. Steger and recommended training for both officers. The Department of Police Accountability, however, found that Steger failed to supervise Mellone and recommended the sergeant be suspended for a month.\u003c/p>\n\u003cp>As part of its probe, the oversight agency hired private consultant Michael Gennaco to review the shooting.\u003c/p>\n\u003cp>\"As a supervisor, it was (Steger's) responsibility to instill concepts of ‘time and distance’ at the scene as expressly set out in the department’s training bulletin; in this case Sgt. Steger did or said nothing to advance these principles,\" Gennaco wrote in his report, finished in April of this year. “Had the sergeant performed consistent with department expectations of a field supervisor, the need to resort to deadly force could well have been avoided. Accordingly, a case can be made that Sgt. Steger should be held accountable for the supervisory lapses that impacted this tragic result.”\u003c/p>\n\u003cp>Department of Police Accountability Director Paul Henderson recommended that the ultimate discipline in the case be decided by the city's Police Commission, which handles cases involving potential punishments more severe than a 10-day suspension. He also requested a meeting with Police Chief William Scott before any final decisions on the case are made, according to the records. If Scott disagrees with the oversight agency's recommendations, Henderson can file the case directly to the Police Commission.\u003c/p>\n\u003cp>The Police Department did not immediately respond to questions seeking to clarify how the disciplinary process will proceed.\u003c/p>\n\u003cp>\"We're in the process of making appointments with the DPA and chief of police so the family can express their demands to them directly,\" said Adriana Camarena, an advocate for Góngora's family. \"We will also attend the next Police Commission meeting to make sure the commissioners act to ensure consequences.\"\u003c/p>\n\u003cp>\u003cem>This story was produced as part of the California Reporting Project, a collaboration of 40 newsrooms across the state to obtain and report on police misconduct and serious use-of-force records unsealed in 2019.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11757334/s-f-oversight-agency-calls-for-suspension-of-officers-who-shot-homeless-man-in-2016","authors":["3206"],"categories":["news_6188","news_8"],"tags":["news_25303","news_23329","news_24767","news_545"],"featImg":"news_11757347","label":"news"},"news_11671319":{"type":"posts","id":"news_11671319","meta":{"index":"posts_1716263798","site":"news","id":"11671319","score":null,"sort":[1527640758000]},"parent":0,"labelTerm":{"site":"news","term":72},"blocks":[],"publishDate":1527640758,"format":"standard","disqusTitle":"'You Executed Him All Over Again': Family Members Respond to S.F. DA's Decisions in Police Shooting Cases","title":"'You Executed Him All Over Again': Family Members Respond to S.F. DA's Decisions in Police Shooting Cases","headTitle":"The California Report | KQED News","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","disqusIdentifier":"11671319 https://ww2.kqed.org/news/?p=11671319","disqusUrl":"https://ww2.kqed.org/news/2018/05/29/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases/","stats":{"hasVideo":false,"hasChartOrMap":false,"hasAudio":true,"hasPolis":false,"wordCount":958,"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"iframeSrcs":[],"paragraphCount":25},"modified":1527642715,"excerpt":"'Don't give my story nonchalantly,' Gwendolyn Woods pleaded to reporters Tuesday outside San Francisco's Hall of Justice.","headData":{"twImgId":"","twTitle":"","ogTitle":"","ogImgId":"","twDescription":"","description":"'Don't give my story nonchalantly,' Gwendolyn Woods pleaded to reporters Tuesday outside San Francisco's Hall of Justice.","title":"'You Executed Him All Over Again': Family Members Respond to S.F. DA's Decisions in Police Shooting Cases | KQED","ogDescription":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'You Executed Him All Over Again': Family Members Respond to S.F. DA's Decisions in Police Shooting Cases","datePublished":"2018-05-29T17:39:18-07:00","dateModified":"2018-05-29T18:11:55-07:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"guestAuthors":[],"slug":"you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases","status":"publish","path":"/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases","audioTrackLength":null,"parsedContent":[{"type":"contentString","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>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>Listen to the Gwendolyn Woods' statement in full below.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"audio","attributes":{"named":{"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","label":""},"numeric":[]}},{"type":"contentString","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>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"audio","attributes":{"named":{"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","label":""},"numeric":[]}},{"type":"contentString","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>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases","authors":["3206"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_546","news_23329","news_18961","news_4379","news_559","news_545"],"featImg":"news_11671321","label":"news_72"},"news_11670607":{"type":"posts","id":"news_11670607","meta":{"index":"posts_1716263798","site":"news","id":"11670607","score":null,"sort":[1527242416000]},"parent":0,"labelTerm":{},"blocks":[],"publishDate":1527242416,"format":"audio","title":"Reasonable vs. Necessary: What Keeps the S.F. District Attorney From Prosecuting Officers","headTitle":"Reasonable vs. Necessary: What Keeps the S.F. District Attorney From Prosecuting Officers | KQED","content":"\u003cp>Two deaths by police. Zero charges. San Francisco District Attorney George Gascón said Thursday that his hands are tied and he won’t be prosecuting the officers who killed two men of color in high-profile cases. But he calls the shootings of Mario Woods in 2015 and Luis Gongora in 2016 “unnecessary” and “disturbing.” So why can’t he prosecute?\u003c/p>\n\u003cp>Guest: \u003ca href=\"https://twitter.com/sfnewsreporter?lang=en\">Alex Emslie\u003c/a>, KQED criminal justice reporter\u003c/p>\n\u003cp>\u003cstrong>Subscribe to The Bay\u003c/strong>\u003cbr>\n\u003ca href=\"https://itunes.apple.com/us/podcast/the-bay/id1350043452?mt=2\">\u003cimg decoding=\"async\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/01/Listen_on_Apple_Podcasts_sRGB_US-e1515635079510.png\">\u003c/a> \u003ca href=\"https://play.google.com/music/m/I4n2qepiu5z3mcloidj7ajqluoi?t=The_Bay&utm_source=global_co&utm_medium=prtnr&utm_content=Mar2515&utm_campaign=PartBadge&pcampaignid=MKT-Other-global-all-co-prtnr-mu-PartBadge-Mar2515-1\">\u003cimg decoding=\"async\" src=\"https://play.google.com/intl/en_us/badges-music/images/badges/en_badge_web_music.eps\" alt=\"Listen on Google Play Music\">\u003c/a> \u003ca href=\"https://www.stitcher.com/s?fid=%20177001&refid=stpr\"> \u003cimg decoding=\"async\" loading=\"lazy\" src=\"https://secureimg.stitcher.com/promo.assets/stitcher-banner-88x31.jpg\" alt=\"Listen to Stitcher\" width=\"88\" height=\"51\">\u003c/a>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","stats":{"hasVideo":false,"hasChartOrMap":false,"hasAudio":false,"hasPolis":false,"wordCount":89,"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"iframeSrcs":[],"paragraphCount":5},"modified":1700700904,"excerpt":null,"headData":{"twImgId":"","twTitle":"","ogTitle":"","ogImgId":"","twDescription":"","description":"Two deaths by police. Zero charges. San Francisco District Attorney George Gascón said Thursday that his hands are tied and he won't be prosecuting the officers who killed two men of color in high-profile cases. But he calls the shootings of Mario Woods in 2015 and Luis Gongora in 2016 “unnecessary” and “disturbing.” So why","title":"Reasonable vs. Necessary: What Keeps the S.F. District Attorney From Prosecuting Officers | KQED","ogDescription":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Reasonable vs. Necessary: What Keeps the S.F. District Attorney From Prosecuting Officers","datePublished":"2018-05-25T03:00:16-07:00","dateModified":"2023-11-22T16:55:04-08:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"guestAuthors":[],"slug":"reasonable-vs-necessary-what-keeps-the-s-f-district-attorney-from-prosecuting-officers","status":"publish","sourceUrl":"https://www.kqed.org/news/tag/the-bay","audioUrl":"https://od1.kqed.org/anon.kqed/radio/thebay/2018/05/SFDistrictAttorney.mp3","audioTrackLength":769,"source":"The Bay","path":"/news/11670607/reasonable-vs-necessary-what-keeps-the-s-f-district-attorney-from-prosecuting-officers","audioDuration":769000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Two deaths by police. Zero charges. San Francisco District Attorney George Gascón said Thursday that his hands are tied and he won’t be prosecuting the officers who killed two men of color in high-profile cases. But he calls the shootings of Mario Woods in 2015 and Luis Gongora in 2016 “unnecessary” and “disturbing.” So why can’t he prosecute?\u003c/p>\n\u003cp>Guest: \u003ca href=\"https://twitter.com/sfnewsreporter?lang=en\">Alex Emslie\u003c/a>, KQED criminal justice reporter\u003c/p>\n\u003cp>\u003cstrong>Subscribe to The Bay\u003c/strong>\u003cbr>\n\u003ca href=\"https://itunes.apple.com/us/podcast/the-bay/id1350043452?mt=2\">\u003cimg decoding=\"async\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/01/Listen_on_Apple_Podcasts_sRGB_US-e1515635079510.png\">\u003c/a> \u003ca href=\"https://play.google.com/music/m/I4n2qepiu5z3mcloidj7ajqluoi?t=The_Bay&utm_source=global_co&utm_medium=prtnr&utm_content=Mar2515&utm_campaign=PartBadge&pcampaignid=MKT-Other-global-all-co-prtnr-mu-PartBadge-Mar2515-1\">\u003cimg decoding=\"async\" src=\"https://play.google.com/intl/en_us/badges-music/images/badges/en_badge_web_music.eps\" alt=\"Listen on Google Play Music\">\u003c/a> \u003ca href=\"https://www.stitcher.com/s?fid=%20177001&refid=stpr\"> \u003cimg decoding=\"async\" loading=\"lazy\" src=\"https://secureimg.stitcher.com/promo.assets/stitcher-banner-88x31.jpg\" alt=\"Listen to Stitcher\" width=\"88\" height=\"51\">\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11670607/reasonable-vs-necessary-what-keeps-the-s-f-district-attorney-from-prosecuting-officers","authors":["11382"],"programs":["news_28779"],"categories":["news_8","news_33520"],"tags":["news_23329","news_18961","news_22598"],"featImg":"news_11651326","label":"source_news_11670607"},"news_11670545":{"type":"posts","id":"news_11670545","meta":{"index":"posts_1716263798","site":"news","id":"11670545","score":null,"sort":[1527204807000]},"parent":0,"labelTerm":{"site":"news","term":18515},"blocks":[],"publishDate":1527204807,"format":"standard","disqusTitle":"No Charges While Calling for Reform","title":"No Charges While Calling for Reform","headTitle":"Mark Fiore: Drawn to the Bay | KQED News","content":"\u003cp>San Francisco District Attorney George Gascón announced on Thursday his office will \u003ca href=\"http://bit.ly/fioresfpdshootings\">not file charges over two SFPD shootings\u003c/a>, and called for changing the legal standard for police use of force.\u003c/p>\n\u003cp>Immediately before police officers shot Mario Woods, Sgt. Hugh Hall was heard on dispatch recordings saying \"time and distance, time and distance,\" a reference to a 2013 SFPD policy about dealing with people armed with weapons.\u003c/p>\n\u003cp>Gascón called the shootings of Mario Woods and Luis Góngora \"disturbing\" and \"unnecessary.\"\u003c/p>\n\u003cp>The DA supports AB 931, which would change the legal standard for police use of deadly force from \"reasonable\" to \"necessary.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","disqusIdentifier":"11670545 https://ww2.kqed.org/news/?p=11670545","disqusUrl":"https://ww2.kqed.org/news/2018/05/24/no-charges-while-calling-for-reform/","stats":{"hasVideo":false,"hasChartOrMap":false,"hasAudio":false,"hasPolis":false,"wordCount":110,"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"iframeSrcs":[],"paragraphCount":6},"modified":1527204807,"excerpt":"San Francisco District Attorney George Gascón announced his office will not file charges over two SFPD shootings and called for changing the legal standard for police use of force.","headData":{"twImgId":"","twTitle":"","ogTitle":"","ogImgId":"","twDescription":"","description":"San Francisco District Attorney George Gascón announced his office will not file charges over two SFPD shootings and called for changing the legal standard for police use of force.","title":"No Charges While Calling for Reform | KQED","ogDescription":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"No Charges While Calling for Reform","datePublished":"2018-05-24T16:33:27-07:00","dateModified":"2018-05-24T16:33:27-07:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"guestAuthors":[],"slug":"no-charges-while-calling-for-reform","status":"publish","path":"/news/11670545/no-charges-while-calling-for-reform","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco District Attorney George Gascón announced on Thursday his office will \u003ca href=\"http://bit.ly/fioresfpdshootings\">not file charges over two SFPD shootings\u003c/a>, and called for changing the legal standard for police use of force.\u003c/p>\n\u003cp>Immediately before police officers shot Mario Woods, Sgt. Hugh Hall was heard on dispatch recordings saying \"time and distance, time and distance,\" a reference to a 2013 SFPD policy about dealing with people armed with weapons.\u003c/p>\n\u003cp>Gascón called the shootings of Mario Woods and Luis Góngora \"disturbing\" and \"unnecessary.\"\u003c/p>\n\u003cp>The DA supports AB 931, which would change the legal standard for police use of deadly force from \"reasonable\" to \"necessary.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11670545/no-charges-while-calling-for-reform","authors":["3236"],"series":["news_18515"],"categories":["news_6188","news_8","news_13"],"tags":["news_20150","news_546","news_23329","news_18961","news_3156","news_4379","news_20331"],"featImg":"news_11670558","label":"news_18515"},"news_11670339":{"type":"posts","id":"news_11670339","meta":{"index":"posts_1716263798","site":"news","id":"11670339","score":null,"sort":[1527186879000]},"parent":0,"labelTerm":{"site":"news","term":72},"blocks":[],"publishDate":1527186879,"format":"audio","disqusTitle":"No Charges: S.F. DA Closes Two Controversial Police Shooting Cases That Led to Era of Reform","title":"No Charges: S.F. DA Closes Two Controversial Police Shooting Cases That Led to Era of Reform","headTitle":"The California Report | KQED News","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 src=\"https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html?source=1FsnZPsqnLUjmU7jjnzmj6RTlZVzyHcpCj21s1l4bXqs&font=Default&lang=en&initial_zoom=2&height=650\" width=\"1200\" 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","disqusIdentifier":"11670339 https://ww2.kqed.org/news/?p=11670339","disqusUrl":"https://ww2.kqed.org/news/2018/05/24/no-charges-s-f-da-closes-2-controversial-police-shooting-cases-that-led-to-era-of-reform/","stats":{"hasVideo":false,"hasChartOrMap":false,"hasAudio":false,"hasPolis":false,"wordCount":2439,"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"iframeSrcs":[],"paragraphCount":61},"modified":1554052892,"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. ","headData":{"twImgId":"","twTitle":"","ogTitle":"","ogImgId":"","twDescription":"","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. ","title":"No Charges: S.F. DA Closes Two Controversial Police Shooting Cases That Led to Era of Reform | KQED","ogDescription":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"No Charges: S.F. DA Closes Two Controversial Police Shooting Cases That Led to Era of Reform","datePublished":"2018-05-24T11:34:39-07:00","dateModified":"2019-03-31T10:21:32-07:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"guestAuthors":[],"slug":"no-charges-s-f-da-closes-2-controversial-police-shooting-cases-that-led-to-era-of-reform","status":"publish","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2018/05/Emslie2wayPoliceShootingsWoodsGongora.mp3","audioTrackLength":245,"path":"/news/11670339/no-charges-s-f-da-closes-2-controversial-police-shooting-cases-that-led-to-era-of-reform","audioDuration":232000,"parsedContent":[{"type":"contentString","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>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","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 src=\"https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html?source=1FsnZPsqnLUjmU7jjnzmj6RTlZVzyHcpCj21s1l4bXqs&font=Default&lang=en&initial_zoom=2&height=650\" width=\"1200\" 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>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","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>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11670339/no-charges-s-f-da-closes-2-controversial-police-shooting-cases-that-led-to-era-of-reform","authors":["3206"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_546","news_23329","news_18961","news_4379","news_545"],"featImg":"news_11670371","label":"news_72"},"news_11119924":{"type":"posts","id":"news_11119924","meta":{"index":"posts_1716263798","site":"news","id":"11119924","score":null,"sort":[1475888504000]},"parent":0,"labelTerm":{"site":"news","term":6944},"blocks":[],"publishDate":1475888504,"format":"standard","disqusTitle":"Family of Homeless Man Killed by SFPD Officers Files Federal Lawsuit","title":"Family of Homeless Man Killed by SFPD Officers Files Federal Lawsuit","headTitle":"News Fix | KQED News","content":"\u003cp>Advocates on Friday joined the family of a homeless man fatally shot by two San Francisco police officers in April at the location of Luís Góngora Pat's death to announce the filing of a federal civil rights lawsuit and to respond to details of a \u003ca href=\"https://ww2.kqed.org/news/2016/09/29/autopsy-for-homeless-man-killed-in-s-f-police-shooting-released/\" target=\"_blank\">medical examiner's report\u003c/a> released last week.\u003c/p>\n\u003cp>The \u003ca href=\"#complaint\">lawsuit\u003c/a> alleges \u003ca href=\"http://ww2.kqed.org/news/2016/04/15/sfpd-names-sergeant-officer-who-fatally-shot-homeless-man/\" target=\"_blank\">Officer Michael Mellone and Sgt. Nate Steger\u003c/a> used excessive force and ignored SFPD protocols when they -- along with a third, unidentified officer -- arrived at a Mission District street in response to a call about a man with a knife.\u003c/p>\n\u003cp>The officers were captured on surveillance video on April 7 approaching something outside the camera's frame as they shouted commands to \"Lay on the ground!\" and \"Put that down!\" An officer armed with a shotgun that fired \"less-lethal\" beanbag rounds appears to fire four shots in quick succession, followed by the distinct sound of handgun fire.\u003c/p>\n\u003cp>\u003cem>Video originally published by \u003ca href=\"http://www.sfgate.com/crime/article/Video-shows-San-Francisco-police-shooting-7237146.php\" target=\"_blank\">SFGate\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"//player.hearstdigitalstudios.com/5707e35ce694aa03cbe66121?width=100%25&autostart=0&aratio=16:9\" frameborder=\"0\" allowfullscreen=\"true\" width=\"100%\" height=\"500\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Góngora died nearly three hours later at San Francisco General Hospital. He suffered six gunshot wounds, including one to the left side of his forehead, which advocates and family members have identified as \"the only mortal wound.\"\u003c/p>\n\u003cp>\"Mr. Góngora was not running or lunging at the officers when he was shot to death,\" civil rights attorney Adante Pointer said. \"Given the angle of the gunshot wound to his head, and you combine that with the video, it gives you a real clear indication that he was not only not standing when he took that shot, but he was below the angle of the gun. So Mr. Góngora was actually on the ground or going to it when he sustained that fatal injury, and that is clearly excessive and unnecessary.\"\u003c/p>\n\u003cp>The San Francisco Police Department and other city agencies typically do not comment on cases that are the subject of lawsuits. Police officials did release two batches of partial witness statements and interpretations of witness statements in the days following the shooting, some of which indicate Góngora was moving toward the officers with a knife in his hand.\u003c/p>\n\u003cp>Stephanie Grant \u003ca href=\"http://ww2.kqed.org/news/2016/04/07/officer-involved-shooting-in-s-f-s-mission-district/\" target=\"_blank\">said the day of the shooting\u003c/a> that she lived in a tent near Góngora's and that he never presented a threat. She reiterated her account Friday.\u003cbr>\n[contextly_sidebar id=\"v8uhojmfdo7VSNqT5RQlfc4swAjjLLgm\"]\u003cbr>\n\"He wasn't understanding what they were saying,\" she said, adding that he moved only in reaction to being struck by the beanbag rounds. \"He did nothing wrong at all.\"\u003c/p>\n\u003cp>S. Smith Patrick, a filmmaker, said she was home in her apartment overlooking the street and had a \"completely unobstructed view of everything that happened.\"\u003c/p>\n\u003cp>She said the downward trajectory of some of the gunshot wounds confirms what she saw.\u003c/p>\n\u003cp>\"He was not charging at them as had been stated,\" she said.\u003c/p>\n\u003cp>Smith Patrick commended a recently announced partnership between SFPD and the city's Department of Public Health that will make a team of more than 30 mental health professionals available to respond to incidents involving police.\u003c/p>\n\u003cp>Góngora's death came five months after the fatal police shooting of Mario Woods -- which raised scrutiny of SFPD use of force and officer-involved shooting investigations to an uproar -- and about six weeks before the fatal police shooting of Jessica Williams, which prompted former Police Chief Greg Suhr's resignation.\u003c/p>\n\u003cp>It also raised questions about SFPD officers' commitment to changing the way police interact with people potentially in psychiatric crisis, which can quickly turn volatile and make up a majority of fatal police shootings in San Francisco and elsewhere.\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 about a week after Góngora's death. “So there’ll be a lot of questions about tactics on why that didn’t happen.”\u003c/p>\n\u003cp>Góngora's family portray him as a loving father and husband who had only recently fallen on hard times. They said he had lost his apartment just a few months before the shooting.\u003c/p>\n\u003cp>“He was my companion and they have taken him away from me,\" José Góngora Pat said in a written statement. \"My brother needed shelter, food and medical care. I did what I could within my means to help him. Instead of receiving assistance from the city, he was executed by the police.”\u003c/p>\n\u003cp>Despite massive reforms underway in the Police Department, a divide over the city's handling of officer-involved shooting investigations appears only to be growing. The family's supporters cite the inclusion of Góngora's criminal history in his autopsy report as only the most recent example of collusion between what should be independent investigations by police, the district attorney and pathologists with the Medical Examiner's Office.\u003cbr>\n\u003ca name=\"complaint\">\u003c/a>\u003cbr>\n\"Civil lawsuits are critical for families who lose a family member or a loved one to police brutality because it is the only way that they can do an independent investigation and actually set the record straight,\" said Adriana Camerena, who advocates and translates for Góngora's and other families who have lost a loved one in a police shooting. \"Luís was never a threat to police officers, and he was unjustifiably and unlawfully killed.\"\u003c/p>\n\u003cp>Read the complaint below:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[scribd id=326782336 key=key-NeWBvoyBzISIgZT2hVDs mode=scroll]\u003c/p>\n\n","disqusIdentifier":"11119924 http://ww2.kqed.org/news/?p=11119924","disqusUrl":"https://ww2.kqed.org/news/2016/10/07/family-of-homeless-man-killed-by-sfpd-officers-files-federal-lawsuit/","stats":{"hasVideo":false,"hasChartOrMap":false,"hasAudio":false,"hasPolis":false,"wordCount":916,"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"iframeSrcs":[],"paragraphCount":23},"modified":1527175352,"excerpt":"Advocates say trajectories of gunshot wounds prove officers used excessive force.","headData":{"twImgId":"","twTitle":"","ogTitle":"","ogImgId":"","twDescription":"","description":"Advocates say trajectories of gunshot wounds prove officers used excessive force.","title":"Family of Homeless Man Killed by SFPD Officers Files Federal Lawsuit | KQED","ogDescription":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Family of Homeless Man Killed by SFPD Officers Files Federal Lawsuit","datePublished":"2016-10-07T18:01:44-07:00","dateModified":"2018-05-24T08:22:32-07:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"guestAuthors":[],"slug":"family-of-homeless-man-killed-by-sfpd-officers-files-federal-lawsuit","status":"publish","nprStoryId":"497123093","path":"/news/11119924/family-of-homeless-man-killed-by-sfpd-officers-files-federal-lawsuit","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Advocates on Friday joined the family of a homeless man fatally shot by two San Francisco police officers in April at the location of Luís Góngora Pat's death to announce the filing of a federal civil rights lawsuit and to respond to details of a \u003ca href=\"https://ww2.kqed.org/news/2016/09/29/autopsy-for-homeless-man-killed-in-s-f-police-shooting-released/\" target=\"_blank\">medical examiner's report\u003c/a> released last week.\u003c/p>\n\u003cp>The \u003ca href=\"#complaint\">lawsuit\u003c/a> alleges \u003ca href=\"http://ww2.kqed.org/news/2016/04/15/sfpd-names-sergeant-officer-who-fatally-shot-homeless-man/\" target=\"_blank\">Officer Michael Mellone and Sgt. Nate Steger\u003c/a> used excessive force and ignored SFPD protocols when they -- along with a third, unidentified officer -- arrived at a Mission District street in response to a call about a man with a knife.\u003c/p>\n\u003cp>The officers were captured on surveillance video on April 7 approaching something outside the camera's frame as they shouted commands to \"Lay on the ground!\" and \"Put that down!\" An officer armed with a shotgun that fired \"less-lethal\" beanbag rounds appears to fire four shots in quick succession, followed by the distinct sound of handgun fire.\u003c/p>\n\u003cp>\u003cem>Video originally published by \u003ca href=\"http://www.sfgate.com/crime/article/Video-shows-San-Francisco-police-shooting-7237146.php\" target=\"_blank\">SFGate\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"//player.hearstdigitalstudios.com/5707e35ce694aa03cbe66121?width=100%25&autostart=0&aratio=16:9\" frameborder=\"0\" allowfullscreen=\"true\" width=\"100%\" height=\"500\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Góngora died nearly three hours later at San Francisco General Hospital. He suffered six gunshot wounds, including one to the left side of his forehead, which advocates and family members have identified as \"the only mortal wound.\"\u003c/p>\n\u003cp>\"Mr. Góngora was not running or lunging at the officers when he was shot to death,\" civil rights attorney Adante Pointer said. \"Given the angle of the gunshot wound to his head, and you combine that with the video, it gives you a real clear indication that he was not only not standing when he took that shot, but he was below the angle of the gun. So Mr. Góngora was actually on the ground or going to it when he sustained that fatal injury, and that is clearly excessive and unnecessary.\"\u003c/p>\n\u003cp>The San Francisco Police Department and other city agencies typically do not comment on cases that are the subject of lawsuits. Police officials did release two batches of partial witness statements and interpretations of witness statements in the days following the shooting, some of which indicate Góngora was moving toward the officers with a knife in his hand.\u003c/p>\n\u003cp>Stephanie Grant \u003ca href=\"http://ww2.kqed.org/news/2016/04/07/officer-involved-shooting-in-s-f-s-mission-district/\" target=\"_blank\">said the day of the shooting\u003c/a> that she lived in a tent near Góngora's and that he never presented a threat. She reiterated her account Friday.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\n\"He wasn't understanding what they were saying,\" she said, adding that he moved only in reaction to being struck by the beanbag rounds. \"He did nothing wrong at all.\"\u003c/p>\n\u003cp>S. Smith Patrick, a filmmaker, said she was home in her apartment overlooking the street and had a \"completely unobstructed view of everything that happened.\"\u003c/p>\n\u003cp>She said the downward trajectory of some of the gunshot wounds confirms what she saw.\u003c/p>\n\u003cp>\"He was not charging at them as had been stated,\" she said.\u003c/p>\n\u003cp>Smith Patrick commended a recently announced partnership between SFPD and the city's Department of Public Health that will make a team of more than 30 mental health professionals available to respond to incidents involving police.\u003c/p>\n\u003cp>Góngora's death came five months after the fatal police shooting of Mario Woods -- which raised scrutiny of SFPD use of force and officer-involved shooting investigations to an uproar -- and about six weeks before the fatal police shooting of Jessica Williams, which prompted former Police Chief Greg Suhr's resignation.\u003c/p>\n\u003cp>It also raised questions about SFPD officers' commitment to changing the way police interact with people potentially in psychiatric crisis, which can quickly turn volatile and make up a majority of fatal police shootings in San Francisco and elsewhere.\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 about a week after Góngora's death. “So there’ll be a lot of questions about tactics on why that didn’t happen.”\u003c/p>\n\u003cp>Góngora's family portray him as a loving father and husband who had only recently fallen on hard times. They said he had lost his apartment just a few months before the shooting.\u003c/p>\n\u003cp>“He was my companion and they have taken him away from me,\" José Góngora Pat said in a written statement. \"My brother needed shelter, food and medical care. I did what I could within my means to help him. Instead of receiving assistance from the city, he was executed by the police.”\u003c/p>\n\u003cp>Despite massive reforms underway in the Police Department, a divide over the city's handling of officer-involved shooting investigations appears only to be growing. The family's supporters cite the inclusion of Góngora's criminal history in his autopsy report as only the most recent example of collusion between what should be independent investigations by police, the district attorney and pathologists with the Medical Examiner's Office.\u003cbr>\n\u003ca name=\"complaint\">\u003c/a>\u003cbr>\n\"Civil lawsuits are critical for families who lose a family member or a loved one to police brutality because it is the only way that they can do an independent investigation and actually set the record straight,\" said Adriana Camerena, who advocates and translates for Góngora's and other families who have lost a loved one in a police shooting. \"Luís was never a threat to police officers, and he was unjustifiably and unlawfully killed.\"\u003c/p>\n\u003cp>Read the complaint below:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003ciframe\n class=\"scribd_iframe_embed\"\n src=\"//www.scribd.com/embeds/326782336/content?start_page=1&view_mode=&access_key=key-NeWBvoyBzISIgZT2hVDs\"\n title=\"http://www.scribd.com/doc/326782336\"\n data-auto-height=\"true\" scrolling=\"no\" id=\"scribd_326782336\"\n width=\"100%\" height=\"500\" frameborder=\"0\">\u003c/iframe>\n \u003ca class=\"utils-parseShortcode-shortcodes-__scribdShortcode__scribd_footer\"\n href=\"http://www.scribd.com/doc/326782336\"\n target=\"_blank\" rel=\"noopener noreferrer\">View this document on Scribd\u003c/a>\u003c/p>\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11119924/family-of-homeless-man-killed-by-sfpd-officers-files-federal-lawsuit","authors":["3206"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_23329","news_20038","news_545"],"featImg":"news_11120169","label":"news_6944"},"news_11109658":{"type":"posts","id":"news_11109658","meta":{"index":"posts_1716263798","site":"news","id":"11109658","score":null,"sort":[1475198523000]},"parent":0,"labelTerm":{"site":"news","term":6944},"blocks":[],"publishDate":1475198523,"format":"standard","disqusTitle":"Autopsy For Homeless Man Killed in S.F. Police Shooting Released","title":"Autopsy For Homeless Man Killed in S.F. Police Shooting Released","headTitle":"News Fix | KQED News","content":"\u003cp>Luis Gongora was shot a total of six times by two San Francisco police officers on April 7, moments after the officers responded to a Mission District street and confronted the homeless man who was allegedly holding a large kitchen knife.\u003c/p>\n\u003cp>The San Francisco \u003ca href=\"https://www.documentcloud.org/documents/3116700-S-F-Medical-Examiner-s-Report-Luis-Gongora.html\" target=\"_blank\">Medical Examiner's report\u003c/a> released Thursday found Gongora was shot in the forehead, as well as the back of his left shoulder, his right upper back, his chest and twice in his right forearm.\u003cbr>\n[contextly_sidebar id=\"kgnPWyWgcGeJBXzi1XmlGlTby22YfrII\"]\u003cbr>\nBlood tests found stimulants in his system, including an intoxicating level of methamphetamine. Gongora's toxicology report also notes THC and caffeine in his blood.\u003c/p>\n\u003cp>The San Francisco Police Department typically does not comment on open shooting cases, but the department did release \u003ca href=\"https://ww2.kqed.org/news/2016/04/08/sfpd-investigators-selectively-release-witness-statements-on-police-shooting/\" target=\"_blank\">pieces and interpretations\u003c/a> of some witness statements in the days following the shooting.\u003c/p>\n\u003cp>Gongora had been in the U.S. for several years and had sent money home to his family in Mexico, according to the Guardian's \u003ca href=\"https://www.theguardian.com/society/2016/aug/12/luis-gongora-san-francisco-police-shooting-homelessness\" target=\"_blank\">in-depth report\u003c/a> on his life and death. On Shotwell Street, where he was killed, he was known as a member of a homeless camp who collected bottles and cans and often kicked a soccer ball up and down the block.\u003c/p>\n\u003cp>Gongora's death came about five months after the fatal police shooting of \u003ca href=\"https://ww2.kqed.org/news/tag/mario-woods/\" target=\"_blank\">Mario Woods\u003c/a>, which saw the beginning of an effort to depose \u003ca href=\"https://ww2.kqed.org/news/2016/05/19/suhr-resigns-after-series-of-fatal-officer-involved-shootings/\" target=\"_blank\">former SFPD Chief Greg Suhr\u003c/a>, and about six weeks before the fatal \u003ca href=\"https://ww2.kqed.org/news/2016/05/19/s-f-police-shoot-kill-woman-after-confrontation-in-bayview/\" target=\"_blank\">shooting of Jessica Williams\u003c/a>. Suhr resigned hours after Williams' death.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Surveillance video originally published by \u003ca href=\"http://www.sfgate.com/crime/article/Video-shows-San-Francisco-police-shooting-7237146.php\" target=\"_blank\">SFGate\u003c/a> showed two officers, \u003ca href=\"https://ww2.kqed.org/news/2016/04/15/sfpd-names-sergeant-officer-who-fatally-shot-homeless-man/\" target=\"_blank\">later identified\u003c/a> as Sgt. Nate Steger and Officer Michael Mellone, move out of the camera's frame as they shout commands to \"get on the ground\" and \"put that down.\"\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"//player.hearstdigitalstudios.com/5707e35ce694aa03cbe66121?width=100%25&autostart=0&aratio=16:9\" frameborder=\"0\" allowfullscreen=\"true\" width=\"100%\" height=\"500\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>One of the officers started to fire beanbag rounds from a pump-action shotgun, then the other started shooting his firearm.\u003c/p>\n\u003cp>The entire interaction, from first command to final gunshot, played out in less than 30 seconds.\u003c/p>\n\u003cp>Suhr said at a \u003ca href=\"https://ww2.kqed.org/news/2016/04/14/time-and-distance-central-to-controversy-over-san-franciscos-latest-fatal-police-shooting/\" target=\"_blank\">townhall meeting\u003c/a> a week after the Gongora shooting that he had emphasized fostering \"time and distance\" when officers encounter erratic suspects with knives, and that \"there'll be a lot of questions about tactics on why that didn't happen.\"\u003c/p>\n\u003cp>Civil rights attorney Adante Pointer is representing Gongora's family in a legal claim against the city, an initial step toward a lawsuit, which Pointer said is coming \"sometime in the near future.\"\u003c/p>\n\u003cp>He said some of the wound trajectories indicate officers were behind Gongora when they fired. He said the shot to Gongora's forehead, from front-to-back, but with a downward trajectory, indicated \"that Mr. Gongora was either on the ground or on his way there, which would have rendered him not a threat.\"\u003c/p>\n\u003cp>On bruising from the beanbag rounds, Pointer said \"some of them were from the rear, which means that he was not charging or lunging at them when he sustained these shots.\"\u003c/p>\n\u003cp>He said both the toxicology results and a discussion of Gongora's low-level criminal history were irrelevant to officers' decision to shoot.\u003c/p>\n\u003cp>\"That's just a shameless attempt to besmirch this man's character in the eyes of the public,\" he said.\u003c/p>\n\u003cp>Read the Medical Examiner's report below:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[scribd id=325852554 key=key-DGxvcFnwX1s1IporDahx mode=scroll]\u003c/p>\n\n","disqusIdentifier":"11109658 http://ww2.kqed.org/news/?p=11109658","disqusUrl":"https://ww2.kqed.org/news/2016/09/29/autopsy-for-homeless-man-killed-in-s-f-police-shooting-released/","stats":{"hasVideo":false,"hasChartOrMap":false,"hasAudio":false,"hasPolis":false,"wordCount":547,"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"iframeSrcs":[],"paragraphCount":19},"modified":1527175297,"excerpt":"Medical Examiner found Luis Gongora died from six gunshot wounds. Toxicology report found meth and THC in his system.","headData":{"twImgId":"","twTitle":"","ogTitle":"","ogImgId":"","twDescription":"","description":"Medical Examiner found Luis Gongora died from six gunshot wounds. Toxicology report found meth and THC in his system.","title":"Autopsy For Homeless Man Killed in S.F. Police Shooting Released | KQED","ogDescription":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Autopsy For Homeless Man Killed in S.F. Police Shooting Released","datePublished":"2016-09-29T18:22:03-07:00","dateModified":"2018-05-24T08:21:37-07:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"guestAuthors":[],"slug":"autopsy-for-homeless-man-killed-in-s-f-police-shooting-released","status":"publish","nprStoryId":"496009306","path":"/news/11109658/autopsy-for-homeless-man-killed-in-s-f-police-shooting-released","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Luis Gongora was shot a total of six times by two San Francisco police officers on April 7, moments after the officers responded to a Mission District street and confronted the homeless man who was allegedly holding a large kitchen knife.\u003c/p>\n\u003cp>The San Francisco \u003ca href=\"https://www.documentcloud.org/documents/3116700-S-F-Medical-Examiner-s-Report-Luis-Gongora.html\" target=\"_blank\">Medical Examiner's report\u003c/a> released Thursday found Gongora was shot in the forehead, as well as the back of his left shoulder, his right upper back, his chest and twice in his right forearm.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\nBlood tests found stimulants in his system, including an intoxicating level of methamphetamine. Gongora's toxicology report also notes THC and caffeine in his blood.\u003c/p>\n\u003cp>The San Francisco Police Department typically does not comment on open shooting cases, but the department did release \u003ca href=\"https://ww2.kqed.org/news/2016/04/08/sfpd-investigators-selectively-release-witness-statements-on-police-shooting/\" target=\"_blank\">pieces and interpretations\u003c/a> of some witness statements in the days following the shooting.\u003c/p>\n\u003cp>Gongora had been in the U.S. for several years and had sent money home to his family in Mexico, according to the Guardian's \u003ca href=\"https://www.theguardian.com/society/2016/aug/12/luis-gongora-san-francisco-police-shooting-homelessness\" target=\"_blank\">in-depth report\u003c/a> on his life and death. On Shotwell Street, where he was killed, he was known as a member of a homeless camp who collected bottles and cans and often kicked a soccer ball up and down the block.\u003c/p>\n\u003cp>Gongora's death came about five months after the fatal police shooting of \u003ca href=\"https://ww2.kqed.org/news/tag/mario-woods/\" target=\"_blank\">Mario Woods\u003c/a>, which saw the beginning of an effort to depose \u003ca href=\"https://ww2.kqed.org/news/2016/05/19/suhr-resigns-after-series-of-fatal-officer-involved-shootings/\" target=\"_blank\">former SFPD Chief Greg Suhr\u003c/a>, and about six weeks before the fatal \u003ca href=\"https://ww2.kqed.org/news/2016/05/19/s-f-police-shoot-kill-woman-after-confrontation-in-bayview/\" target=\"_blank\">shooting of Jessica Williams\u003c/a>. Suhr resigned hours after Williams' death.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Surveillance video originally published by \u003ca href=\"http://www.sfgate.com/crime/article/Video-shows-San-Francisco-police-shooting-7237146.php\" target=\"_blank\">SFGate\u003c/a> showed two officers, \u003ca href=\"https://ww2.kqed.org/news/2016/04/15/sfpd-names-sergeant-officer-who-fatally-shot-homeless-man/\" target=\"_blank\">later identified\u003c/a> as Sgt. Nate Steger and Officer Michael Mellone, move out of the camera's frame as they shout commands to \"get on the ground\" and \"put that down.\"\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"//player.hearstdigitalstudios.com/5707e35ce694aa03cbe66121?width=100%25&autostart=0&aratio=16:9\" frameborder=\"0\" allowfullscreen=\"true\" width=\"100%\" height=\"500\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>One of the officers started to fire beanbag rounds from a pump-action shotgun, then the other started shooting his firearm.\u003c/p>\n\u003cp>The entire interaction, from first command to final gunshot, played out in less than 30 seconds.\u003c/p>\n\u003cp>Suhr said at a \u003ca href=\"https://ww2.kqed.org/news/2016/04/14/time-and-distance-central-to-controversy-over-san-franciscos-latest-fatal-police-shooting/\" target=\"_blank\">townhall meeting\u003c/a> a week after the Gongora shooting that he had emphasized fostering \"time and distance\" when officers encounter erratic suspects with knives, and that \"there'll be a lot of questions about tactics on why that didn't happen.\"\u003c/p>\n\u003cp>Civil rights attorney Adante Pointer is representing Gongora's family in a legal claim against the city, an initial step toward a lawsuit, which Pointer said is coming \"sometime in the near future.\"\u003c/p>\n\u003cp>He said some of the wound trajectories indicate officers were behind Gongora when they fired. He said the shot to Gongora's forehead, from front-to-back, but with a downward trajectory, indicated \"that Mr. Gongora was either on the ground or on his way there, which would have rendered him not a threat.\"\u003c/p>\n\u003cp>On bruising from the beanbag rounds, Pointer said \"some of them were from the rear, which means that he was not charging or lunging at them when he sustained these shots.\"\u003c/p>\n\u003cp>He said both the toxicology results and a discussion of Gongora's low-level criminal history were irrelevant to officers' decision to shoot.\u003c/p>\n\u003cp>\"That's just a shameless attempt to besmirch this man's character in the eyes of the public,\" he said.\u003c/p>\n\u003cp>Read the Medical Examiner's report below:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003ciframe\n class=\"scribd_iframe_embed\"\n src=\"//www.scribd.com/embeds/325852554/content?start_page=1&view_mode=&access_key=key-DGxvcFnwX1s1IporDahx\"\n title=\"http://www.scribd.com/doc/325852554\"\n data-auto-height=\"true\" scrolling=\"no\" id=\"scribd_325852554\"\n width=\"100%\" height=\"500\" frameborder=\"0\">\u003c/iframe>\n \u003ca class=\"utils-parseShortcode-shortcodes-__scribdShortcode__scribd_footer\"\n href=\"http://www.scribd.com/doc/325852554\"\n target=\"_blank\" rel=\"noopener noreferrer\">View this document on Scribd\u003c/a>\u003c/p>\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11109658/autopsy-for-homeless-man-killed-in-s-f-police-shooting-released","authors":["3206"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_23329","news_3156","news_545"],"featImg":"news_11109766","label":"news_6944"},"news_10930431":{"type":"posts","id":"news_10930431","meta":{"index":"posts_1716263798","site":"news","id":"10930431","score":null,"sort":[1460774915000]},"parent":0,"labelTerm":{"site":"news","term":6944},"blocks":[],"publishDate":1460774915,"format":"standard","disqusTitle":"SFPD Names Sergeant, Officer Who Fatally Shot Homeless Man","title":"SFPD Names Sergeant, Officer Who Fatally Shot Homeless Man","headTitle":"News Fix | KQED News","content":"\u003cp>The San Francisco Police Department released the names on Friday of a sergeant and an officer who fired a total of seven .40-caliber rounds at a homeless man in the Mission District last week, mortally wounding him.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2016/04/08/sfpd-investigators-selectively-release-witness-statements-on-police-shooting\" target=\"_blank\">Some witnesses\u003c/a> and the officers have said Luis Gongora charged police with a kitchen knife after they contacted him the morning of April 7, \u003ca href=\"http://ww2.kqed.org/news/2016/04/14/time-and-distance-central-to-controversy-over-san-franciscos-latest-fatal-police-shooting\" target=\"_blank\">according to the Police Department\u003c/a>. \u003ca href=\"http://ww2.kqed.org/news/2016/04/07/officer-involved-shooting-in-s-f-s-mission-district\" target=\"_blank\">Other witnesses\u003c/a> \u003ca href=\"http://www.theguardian.com/us-news/2016/apr/12/witness-san-francisco-police-shooting-homeless-man-luis-gongora\" target=\"_blank\">told reporters\u003c/a> that Gongora was not holding a knife or did not run toward the officers.\u003c/p>\n\u003cp>A department spokesman identified Sgt. Nate Steger and officer Michael Mellone as the two officers who fired during the incident.\u003c/p>\n\u003cp>Sgt. Nate Steger is a 17-year-veteran of the department, according to a statement from Police Chief Greg Suhr on the seniority of officers involved in the shooting from earlier this week, and has spent much of his career assigned to the Mission District.\u003c/p>\n\u003cp>Officer Michael Mellone has a combined 13 years of experience in law enforcement, transferring to SFPD four years ago, according to Suhr's statements Wednesday.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>He was the \u003ca href=\"http://sanfranciscopolice.org/article/sfpd-officer-saves-mans-life-naloxone-kit\" target=\"_blank\">first SFPD officer\u003c/a> to administer a nasal dose of Naloxone to a man overdosing on opioids last year near 16th and Capp streets, in the Mission District.\u003c/p>\n\u003cp>https://twitter.com/SFPD/status/637380534448996352\u003c/p>\n\u003cp>Mellone may have transferred from Antioch Police Department; a Detective Michael Mellone is named in a 2011 federal lawsuit against Antioch and six of its police officers alleging excessive force, unlawful search and seizure, assault, battery, false arrest and other civil claims.\u003c/p>\n\u003cp>The lawsuit claims Mellone and other Antioch detectives served a search warrant in the early morning Jan. 13, 2011 at the Pittsburg home of Edrick Harvey, having trailed her son Alvin Harvey there the night before.\u003c/p>\n\u003cp>[contextly_sidebar id=\"N7KJRpOshwZXqWJbBXccL8X6OlQ5uX5w\"]\u003c/p>\n\u003cp>The suit alleged the officers \"tackled, handcuffed, and electrocuted Plaintiff Edrick Harvey with an electronic control device, presumably a Taser. The defendant officers then manhandled [Angel Smith], wrenched her arm, choked her, slammed her to the ground, handcuffed her, and electrocuted her with an electronic control device, presumably a Taser.\"\u003c/p>\n\u003cp>Antioch settled the case in 2014, and paid a $135,000 settlement to Smith and another of Harvey's children who was present during the search. Harvey died before the lawsuit's settlement.\u003c/p>\n\u003cp>The Antioch Police Department did not immediately respond to inquiries late Friday evening, nor did attorneys in the case.\u003c/p>\n\u003cp>Mellone had undergone CIT training, according to statements from Suhr, but it's unclear whether that was in San Francisco or before he transferred to the department. Suhr said at a Police Commission meeting Wednesday night that the CIT trained officer involved in the shooting was the one who can be seen firing a shotgun with \"less lethal\" beanbag rounds in surveillance video published by \u003ca href=\"http://www.sfgate.com/crime/article/Video-shows-San-Francisco-police-shooting-7237146.php\" target=\"_blank\">SFGate\u003c/a> last week.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"//player.hearstdigitalstudios.com/5707e35ce694aa03cbe66121?width=100%25&autostart=0&aratio=16:9\" frameborder=\"0\" allowfullscreen=\"true\" width=\"100%\" height=\"500\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>There are no lawsuits naming Sgt. Nate Steger as a defendant in either federal or state jurisdictions covering San Francisco.\u003c/p>\n\u003cp>He's a member of \u003ca href=\"http://bluecourage.com/about-us/\" target=\"_blank\">Blue Courage\u003c/a>, a law enforcement leadership and peer support organization.\u003c/p>\n\u003cp>Steger began his law enforcement career with the Metropolitan Police Department of Washington, D.C., according to his Blue Courage profile. In San Francisco, he's served as an internal affairs investigator, patrol officer and in SFPD's plainclothes division. He's also worked in the department's training division and is a state-certified police instructor. He's also been a field training officer for the department.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Steger is mentioned in two 2007 San Francisco Chronicle articles in which reporters spent substantial time with SFPD officers. The articles describe a \u003ca href=\"http://www.sfgate.com/bayarea/article/THE-BADGE-The-day-has-just-gone-from-zero-to-60-2560479.php\" target=\"_blank\">tense chase\u003c/a> through the Mission District that ended in a search and traffic citation and the work of \u003ca href=\"http://www.sfgate.com/bayarea/article/THE-BADGE-Valencia-Gardens-is-safer-thanks-to-2579760.php\" target=\"_blank\">beat cops\u003c/a> in Valencia Gardens.\u003c/p>\n\n","disqusIdentifier":"10930431 http://ww2.kqed.org/news/?p=10930431","disqusUrl":"https://ww2.kqed.org/news/2016/04/15/sfpd-names-sergeant-officer-who-fatally-shot-homeless-man/","stats":{"hasVideo":false,"hasChartOrMap":false,"hasAudio":false,"hasPolis":false,"wordCount":613,"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"iframeSrcs":[],"paragraphCount":20},"modified":1527175323,"excerpt":"Sergeant has long history with SFPD. Officer recognized last year for rescuing man in opioid overdose.","headData":{"twImgId":"","twTitle":"","ogTitle":"","ogImgId":"","twDescription":"","description":"Sergeant has long history with SFPD. Officer recognized last year for rescuing man in opioid overdose.","title":"SFPD Names Sergeant, Officer Who Fatally Shot Homeless Man | KQED","ogDescription":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"SFPD Names Sergeant, Officer Who Fatally Shot Homeless Man","datePublished":"2016-04-15T19:48:35-07:00","dateModified":"2018-05-24T08:22:03-07:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"guestAuthors":[],"slug":"sfpd-names-sergeant-officer-who-fatally-shot-homeless-man","status":"publish","path":"/news/10930431/sfpd-names-sergeant-officer-who-fatally-shot-homeless-man","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The San Francisco Police Department released the names on Friday of a sergeant and an officer who fired a total of seven .40-caliber rounds at a homeless man in the Mission District last week, mortally wounding him.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2016/04/08/sfpd-investigators-selectively-release-witness-statements-on-police-shooting\" target=\"_blank\">Some witnesses\u003c/a> and the officers have said Luis Gongora charged police with a kitchen knife after they contacted him the morning of April 7, \u003ca href=\"http://ww2.kqed.org/news/2016/04/14/time-and-distance-central-to-controversy-over-san-franciscos-latest-fatal-police-shooting\" target=\"_blank\">according to the Police Department\u003c/a>. \u003ca href=\"http://ww2.kqed.org/news/2016/04/07/officer-involved-shooting-in-s-f-s-mission-district\" target=\"_blank\">Other witnesses\u003c/a> \u003ca href=\"http://www.theguardian.com/us-news/2016/apr/12/witness-san-francisco-police-shooting-homeless-man-luis-gongora\" target=\"_blank\">told reporters\u003c/a> that Gongora was not holding a knife or did not run toward the officers.\u003c/p>\n\u003cp>A department spokesman identified Sgt. Nate Steger and officer Michael Mellone as the two officers who fired during the incident.\u003c/p>\n\u003cp>Sgt. Nate Steger is a 17-year-veteran of the department, according to a statement from Police Chief Greg Suhr on the seniority of officers involved in the shooting from earlier this week, and has spent much of his career assigned to the Mission District.\u003c/p>\n\u003cp>Officer Michael Mellone has a combined 13 years of experience in law enforcement, transferring to SFPD four years ago, according to Suhr's statements Wednesday.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He was the \u003ca href=\"http://sanfranciscopolice.org/article/sfpd-officer-saves-mans-life-naloxone-kit\" target=\"_blank\">first SFPD officer\u003c/a> to administer a nasal dose of Naloxone to a man overdosing on opioids last year near 16th and Capp streets, in the Mission District.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"637380534448996352"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Mellone may have transferred from Antioch Police Department; a Detective Michael Mellone is named in a 2011 federal lawsuit against Antioch and six of its police officers alleging excessive force, unlawful search and seizure, assault, battery, false arrest and other civil claims.\u003c/p>\n\u003cp>The lawsuit claims Mellone and other Antioch detectives served a search warrant in the early morning Jan. 13, 2011 at the Pittsburg home of Edrick Harvey, having trailed her son Alvin Harvey there the night before.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The suit alleged the officers \"tackled, handcuffed, and electrocuted Plaintiff Edrick Harvey with an electronic control device, presumably a Taser. The defendant officers then manhandled [Angel Smith], wrenched her arm, choked her, slammed her to the ground, handcuffed her, and electrocuted her with an electronic control device, presumably a Taser.\"\u003c/p>\n\u003cp>Antioch settled the case in 2014, and paid a $135,000 settlement to Smith and another of Harvey's children who was present during the search. Harvey died before the lawsuit's settlement.\u003c/p>\n\u003cp>The Antioch Police Department did not immediately respond to inquiries late Friday evening, nor did attorneys in the case.\u003c/p>\n\u003cp>Mellone had undergone CIT training, according to statements from Suhr, but it's unclear whether that was in San Francisco or before he transferred to the department. Suhr said at a Police Commission meeting Wednesday night that the CIT trained officer involved in the shooting was the one who can be seen firing a shotgun with \"less lethal\" beanbag rounds in surveillance video published by \u003ca href=\"http://www.sfgate.com/crime/article/Video-shows-San-Francisco-police-shooting-7237146.php\" target=\"_blank\">SFGate\u003c/a> last week.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"//player.hearstdigitalstudios.com/5707e35ce694aa03cbe66121?width=100%25&autostart=0&aratio=16:9\" frameborder=\"0\" allowfullscreen=\"true\" width=\"100%\" height=\"500\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>There are no lawsuits naming Sgt. Nate Steger as a defendant in either federal or state jurisdictions covering San Francisco.\u003c/p>\n\u003cp>He's a member of \u003ca href=\"http://bluecourage.com/about-us/\" target=\"_blank\">Blue Courage\u003c/a>, a law enforcement leadership and peer support organization.\u003c/p>\n\u003cp>Steger began his law enforcement career with the Metropolitan Police Department of Washington, D.C., according to his Blue Courage profile. In San Francisco, he's served as an internal affairs investigator, patrol officer and in SFPD's plainclothes division. He's also worked in the department's training division and is a state-certified police instructor. He's also been a field training officer for the department.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Steger is mentioned in two 2007 San Francisco Chronicle articles in which reporters spent substantial time with SFPD officers. The articles describe a \u003ca href=\"http://www.sfgate.com/bayarea/article/THE-BADGE-The-day-has-just-gone-from-zero-to-60-2560479.php\" target=\"_blank\">tense chase\u003c/a> through the Mission District that ended in a search and traffic citation and the work of \u003ca href=\"http://www.sfgate.com/bayarea/article/THE-BADGE-Valencia-Gardens-is-safer-thanks-to-2579760.php\" target=\"_blank\">beat cops\u003c/a> in Valencia Gardens.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10930431/sfpd-names-sergeant-officer-who-fatally-shot-homeless-man","authors":["3206"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_23329","news_545"],"featImg":"news_10930439","label":"news_6944"},"news_10928749":{"type":"posts","id":"news_10928749","meta":{"index":"posts_1716263798","site":"news","id":"10928749","score":null,"sort":[1460674030000]},"parent":0,"labelTerm":{"site":"news","term":6944},"blocks":[],"publishDate":1460674030,"format":"standard","disqusTitle":"'Time and Distance' Central to Controversy Over San Francisco's Latest Fatal Police Shooting","title":"'Time and Distance' Central to Controversy Over San Francisco's Latest Fatal Police Shooting","headTitle":"News Fix | KQED News","content":"\u003cp>The 22 seconds between the first command a San Francisco police officer gave to Luis Gongora and the final gunshot that killed him show a clear violation of current SFPD policies, accountability advocates and Mission District residents told department brass and police commissioners at a series of meetings Wednesday over the first fatal police shooting in the city this year.\u003c/p>\n\u003cp>Aspects of the shooting remain obscured -- anything Gongora was doing, for example, is outside the frame of surveillance video published by \u003ca href=\"http://www.sfgate.com/crime/article/Video-shows-San-Francisco-police-shooting-7237146.php\" target=\"_blank\">SFGate last week\u003c/a>. But the brisk approach of officers toward a man who allegedly had a knife, was in an altered mental state and wasn't a threat to anyone else has drawn attention toward years-old SFPD policies that officers should essentially foster \"time and distance\" in those circumstances.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"//player.hearstdigitalstudios.com/5707e35ce694aa03cbe66121?width=100%25&autostart=0&aratio=16:9\" frameborder=\"0\" allowfullscreen=\"true\" width=\"100%\" height=\"500\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\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,\" Police Chief Greg Suhr said Wednesday. \"So there’ll be a lot of questions about tactics on why that didn’t happen.\"\u003c/p>\n\u003cp>Suhr first issued a \u003ca href=\"https://www.scribd.com/doc/259504904/SFPD-Bulletin-Response-to-Mental-Health-Calls-With-Armed-Suspects\" target=\"_blank\">department bulletin\u003c/a> in June 2013 that mandates officers \"observe, maintain a safe distance, and attempt to stabilize the scene\" when there is no reason to believe \"the person suffering an apparent mental crisis is a threat to \u003cem>any other person including an officer\" \u003c/em>(italicized by SFPD). The bulletin has been reissued several times and remains in effect. It references \u003ca href=\"http://sanfranciscopolice.org/sites/default/files/FileCenter/Documents/27701-DB%2014-015%3B%20Permissible%20Circumstances%20to%20Discharge%20Firearm.pdf\" target=\"_blank\">pieces\u003c/a> of SFPD's \u003ca href=\"http://sanfranciscopolice.org/sites/default/files/FileCenter/Documents/25605-DGO%205.02%20revised%20031611.pdf\" target=\"_blank\">use-of-firearms general order\u003c/a>, which says:\u003c/p>\n\u003cblockquote>\u003cp>\"Any officer may not discharge a firearm at a person who presents a danger only to him or herself, and there is no reasonable cause to believe that the person poses an imminent danger of death or serious bodily injury to the officer or any other person.\"\u003c/p>\u003c/blockquote>\n\u003cp>\"They are held responsible if they are the ones that create the imminent danger,\" retired ACLU attorney John Crew told SFPD leadership, including Suhr, at a town hall meeting on the shooting Wednesday afternoon. \"If their actions are rash and overly aggressive, your policies hold them accountable for causing a chain of events that cause an avoidable death.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"The question is the professional conduct of the department,\" Crew said, noting the 3-year-old policy. \"I beg of you to speak out about it and to enforce it. Because the messages the officers are getting, as we saw from Mario Woods, if they create the imminent danger, they can shoot. They may not go to jail for homicide for that. But they should be responsible for their conduct.\"\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/tag/mario-woods\" target=\"_blank\">Mario Woods\u003c/a> was shot and killed by five SFPD officers on Dec. 2, 2015. Multiple bystanders captured \u003ca href=\"http://ww2.kqed.org/news/2015/12/07/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\">cellphone video\u003c/a> of the shooting, which prompted a redrafting of department use-of-force policies still in the works and a federal \u003ca href=\"http://ww2.kqed.org/news/2016/02/01/department-of-justice-to-conduct-review-of-san-francisco-police-department\" target=\"_blank\">Department of Justice review\u003c/a>.\u003c/p>\n\u003cp>Suhr said the officers' tactics in the Gongora shooting would be reviewed, as they are with every officer-involved shooting. That's the purview of a Firearms Discharge Review Board made up of SFPD deputy chiefs that meets quarterly. Despite repeated questions, Suhr did not say whether officers would be disciplined for a failure to step back and possibly diffuse a potentially violent encounter.\u003c/p>\n\u003cp>\"We will look at the tactics involved in this and we will make adjustments, always, to see if we could do it better,\" Suhr said.\u003c/p>\n\u003cp>\"Accountability is different from adjustments to tactics,\" Mission resident Gerard Koskovich said. \"Accountability is officers are disciplined.\"\u003c/p>\n\u003cp>The Police Department continued to release \u003ca href=\"http://ww2.kqed.org/news/2016/04/08/sfpd-investigators-selectively-release-witness-statements-on-police-shooting\" target=\"_blank\">pieces or interpretations of witness statements\u003c/a> Wednesday, including two from members of the San Francisco Department of Public Health homeless outreach team who initially called 911 to report a \"male waving a large kitchen knife,\" according to computer-assisted dispatch records presented at the meeting.\u003c/p>\n\u003cp>\"The HOT team workers describe Mr. Gongora as appearing in an altered mental state, either mentally or chemically induced, and they saw he was in possession of a large knife,\" Suhr said. \"One HOT team member described his actions as swinging indiscriminately as he walked down the street.\"\u003c/p>\n\u003cp>Supervisor David Campos took issue with the witness statements the department presented at Wednesday's meeting and last week, at a press conference called by the head of SFPD's investigations bureau.\u003c/p>\n\u003cfigure id=\"attachment_10929420\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/04/RS19123_IMG_4986.JPG-alt_422.jpg\" rel=\"attachment wp-att-10929420\">\u003cimg class=\"size-medium wp-image-10929420\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/04/RS19123_IMG_4986.JPG-alt_422-800x1067.jpg\" alt=\"Pieces or interpretations of witness statements displayed at a Wednesday, April 14 town hall meeting on the fatal police shooting of Luis Gongora the week before.\" width=\"800\" height=\"1067\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/04/RS19123_IMG_4986.JPG-alt_422-800x1067.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/RS19123_IMG_4986.JPG-alt_422-400x533.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/RS19123_IMG_4986.JPG-alt_422-1180x1573.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/RS19123_IMG_4986.JPG-alt_422-960x1280.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/RS19123_IMG_4986.JPG-alt_422.jpg 1440w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Pieces or interpretations of witness statements displayed at a Wednesday, April 14 town hall meeting on the fatal police shooting of Luis Gongora the week before. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"You have an ongoing investigation, supposedly to find out what happened in this incident, and yet you’ve had a number of press conferences where you are already prejudging what happened in this case,\" Campos said to Suhr. \"How can you say that you’re having an independent investigation, when you are already saying, 'This is what we believe happened?' \"\u003c/p>\n\u003cp>\"I didn’t say what I believe happened,\" Suhr said. \"I’ve given the facts that came from interviews, simply.\"\u003c/p>\n\u003cp>But the singular quotes provided from presumably longer witness statements left many attending the town hall meeting with a sense that homicide investigators were attempting to present only statements that justified the officers' use of deadly force.\u003c/p>\n\u003cp>\"You did not state there have been contradictory statements from witnesses,\" Koskovich said, noting that news reporters have talked to and published accounts from several witnesses who said Gongora did not have a knife in his hand, and he never moved toward the officers. \"Some say that the officers engaged in actions that were inappropriate. Some said that Mr. Gongora did not pose a threat. Some said that he was not holding a knife. You didn’t say any of that.\"\u003c/p>\n\u003cp>Police commissioners had similar questions for the chief at a meeting Wednesday evening.\u003c/p>\n\u003cp>\"I’ve seen just on news reports that there are individuals who give a different version of the facts,\" Commission President Suzy Loftus said. \"That leaves folks feeling like one version of the facts is being presented.\"\u003c/p>\n\u003cp>Other commissioners asked why the officers would approach Gongora so quickly, in apparent violation of department policies.\u003c/p>\n\u003cp>\"I just heard shouting, just shouting,\" commissioner Petra DeJesus said of the surveillance video. \"I did not hear anything that would indicate de-escalation or anything that would put time and space.\"\u003c/p>\n\u003cp>Suhr said officers for their entire careers have been trained to move toward and engage a threat, and changing the mentality will take time.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"That said, the conversation has been robust and has been robust here and has been at all the stations,\" he said.\u003c/p>\n\n","disqusIdentifier":"10928749 http://ww2.kqed.org/news/?p=10928749","disqusUrl":"https://ww2.kqed.org/news/2016/04/14/time-and-distance-central-to-controversy-over-san-franciscos-latest-fatal-police-shooting/","stats":{"hasVideo":false,"hasChartOrMap":false,"hasAudio":false,"hasPolis":false,"wordCount":1091,"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"iframeSrcs":[],"paragraphCount":27},"modified":1527175261,"excerpt":"Residents, advocates and watchdogs question why a 3-year-old department policy appears to have been ignored.","headData":{"twImgId":"","twTitle":"","ogTitle":"","ogImgId":"","twDescription":"","description":"Residents, advocates and watchdogs question why a 3-year-old department policy appears to have been ignored.","title":"'Time and Distance' Central to Controversy Over San Francisco's Latest Fatal Police Shooting | KQED","ogDescription":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'Time and Distance' Central to Controversy Over San Francisco's Latest Fatal Police Shooting","datePublished":"2016-04-14T15:47:10-07:00","dateModified":"2018-05-24T08:21:01-07:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"guestAuthors":[],"slug":"time-and-distance-central-to-controversy-over-san-franciscos-latest-fatal-police-shooting","status":"publish","path":"/news/10928749/time-and-distance-central-to-controversy-over-san-franciscos-latest-fatal-police-shooting","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The 22 seconds between the first command a San Francisco police officer gave to Luis Gongora and the final gunshot that killed him show a clear violation of current SFPD policies, accountability advocates and Mission District residents told department brass and police commissioners at a series of meetings Wednesday over the first fatal police shooting in the city this year.\u003c/p>\n\u003cp>Aspects of the shooting remain obscured -- anything Gongora was doing, for example, is outside the frame of surveillance video published by \u003ca href=\"http://www.sfgate.com/crime/article/Video-shows-San-Francisco-police-shooting-7237146.php\" target=\"_blank\">SFGate last week\u003c/a>. But the brisk approach of officers toward a man who allegedly had a knife, was in an altered mental state and wasn't a threat to anyone else has drawn attention toward years-old SFPD policies that officers should essentially foster \"time and distance\" in those circumstances.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"//player.hearstdigitalstudios.com/5707e35ce694aa03cbe66121?width=100%25&autostart=0&aratio=16:9\" frameborder=\"0\" allowfullscreen=\"true\" width=\"100%\" height=\"500\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\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,\" Police Chief Greg Suhr said Wednesday. \"So there’ll be a lot of questions about tactics on why that didn’t happen.\"\u003c/p>\n\u003cp>Suhr first issued a \u003ca href=\"https://www.scribd.com/doc/259504904/SFPD-Bulletin-Response-to-Mental-Health-Calls-With-Armed-Suspects\" target=\"_blank\">department bulletin\u003c/a> in June 2013 that mandates officers \"observe, maintain a safe distance, and attempt to stabilize the scene\" when there is no reason to believe \"the person suffering an apparent mental crisis is a threat to \u003cem>any other person including an officer\" \u003c/em>(italicized by SFPD). The bulletin has been reissued several times and remains in effect. It references \u003ca href=\"http://sanfranciscopolice.org/sites/default/files/FileCenter/Documents/27701-DB%2014-015%3B%20Permissible%20Circumstances%20to%20Discharge%20Firearm.pdf\" target=\"_blank\">pieces\u003c/a> of SFPD's \u003ca href=\"http://sanfranciscopolice.org/sites/default/files/FileCenter/Documents/25605-DGO%205.02%20revised%20031611.pdf\" target=\"_blank\">use-of-firearms general order\u003c/a>, which says:\u003c/p>\n\u003cblockquote>\u003cp>\"Any officer may not discharge a firearm at a person who presents a danger only to him or herself, and there is no reasonable cause to believe that the person poses an imminent danger of death or serious bodily injury to the officer or any other person.\"\u003c/p>\u003c/blockquote>\n\u003cp>\"They are held responsible if they are the ones that create the imminent danger,\" retired ACLU attorney John Crew told SFPD leadership, including Suhr, at a town hall meeting on the shooting Wednesday afternoon. \"If their actions are rash and overly aggressive, your policies hold them accountable for causing a chain of events that cause an avoidable death.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"The question is the professional conduct of the department,\" Crew said, noting the 3-year-old policy. \"I beg of you to speak out about it and to enforce it. Because the messages the officers are getting, as we saw from Mario Woods, if they create the imminent danger, they can shoot. They may not go to jail for homicide for that. But they should be responsible for their conduct.\"\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/tag/mario-woods\" target=\"_blank\">Mario Woods\u003c/a> was shot and killed by five SFPD officers on Dec. 2, 2015. Multiple bystanders captured \u003ca href=\"http://ww2.kqed.org/news/2015/12/07/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\">cellphone video\u003c/a> of the shooting, which prompted a redrafting of department use-of-force policies still in the works and a federal \u003ca href=\"http://ww2.kqed.org/news/2016/02/01/department-of-justice-to-conduct-review-of-san-francisco-police-department\" target=\"_blank\">Department of Justice review\u003c/a>.\u003c/p>\n\u003cp>Suhr said the officers' tactics in the Gongora shooting would be reviewed, as they are with every officer-involved shooting. That's the purview of a Firearms Discharge Review Board made up of SFPD deputy chiefs that meets quarterly. Despite repeated questions, Suhr did not say whether officers would be disciplined for a failure to step back and possibly diffuse a potentially violent encounter.\u003c/p>\n\u003cp>\"We will look at the tactics involved in this and we will make adjustments, always, to see if we could do it better,\" Suhr said.\u003c/p>\n\u003cp>\"Accountability is different from adjustments to tactics,\" Mission resident Gerard Koskovich said. \"Accountability is officers are disciplined.\"\u003c/p>\n\u003cp>The Police Department continued to release \u003ca href=\"http://ww2.kqed.org/news/2016/04/08/sfpd-investigators-selectively-release-witness-statements-on-police-shooting\" target=\"_blank\">pieces or interpretations of witness statements\u003c/a> Wednesday, including two from members of the San Francisco Department of Public Health homeless outreach team who initially called 911 to report a \"male waving a large kitchen knife,\" according to computer-assisted dispatch records presented at the meeting.\u003c/p>\n\u003cp>\"The HOT team workers describe Mr. Gongora as appearing in an altered mental state, either mentally or chemically induced, and they saw he was in possession of a large knife,\" Suhr said. \"One HOT team member described his actions as swinging indiscriminately as he walked down the street.\"\u003c/p>\n\u003cp>Supervisor David Campos took issue with the witness statements the department presented at Wednesday's meeting and last week, at a press conference called by the head of SFPD's investigations bureau.\u003c/p>\n\u003cfigure id=\"attachment_10929420\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/04/RS19123_IMG_4986.JPG-alt_422.jpg\" rel=\"attachment wp-att-10929420\">\u003cimg class=\"size-medium wp-image-10929420\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/04/RS19123_IMG_4986.JPG-alt_422-800x1067.jpg\" alt=\"Pieces or interpretations of witness statements displayed at a Wednesday, April 14 town hall meeting on the fatal police shooting of Luis Gongora the week before.\" width=\"800\" height=\"1067\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/04/RS19123_IMG_4986.JPG-alt_422-800x1067.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/RS19123_IMG_4986.JPG-alt_422-400x533.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/RS19123_IMG_4986.JPG-alt_422-1180x1573.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/RS19123_IMG_4986.JPG-alt_422-960x1280.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/RS19123_IMG_4986.JPG-alt_422.jpg 1440w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Pieces or interpretations of witness statements displayed at a Wednesday, April 14 town hall meeting on the fatal police shooting of Luis Gongora the week before. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"You have an ongoing investigation, supposedly to find out what happened in this incident, and yet you’ve had a number of press conferences where you are already prejudging what happened in this case,\" Campos said to Suhr. \"How can you say that you’re having an independent investigation, when you are already saying, 'This is what we believe happened?' \"\u003c/p>\n\u003cp>\"I didn’t say what I believe happened,\" Suhr said. \"I’ve given the facts that came from interviews, simply.\"\u003c/p>\n\u003cp>But the singular quotes provided from presumably longer witness statements left many attending the town hall meeting with a sense that homicide investigators were attempting to present only statements that justified the officers' use of deadly force.\u003c/p>\n\u003cp>\"You did not state there have been contradictory statements from witnesses,\" Koskovich said, noting that news reporters have talked to and published accounts from several witnesses who said Gongora did not have a knife in his hand, and he never moved toward the officers. \"Some say that the officers engaged in actions that were inappropriate. Some said that Mr. Gongora did not pose a threat. Some said that he was not holding a knife. You didn’t say any of that.\"\u003c/p>\n\u003cp>Police commissioners had similar questions for the chief at a meeting Wednesday evening.\u003c/p>\n\u003cp>\"I’ve seen just on news reports that there are individuals who give a different version of the facts,\" Commission President Suzy Loftus said. \"That leaves folks feeling like one version of the facts is being presented.\"\u003c/p>\n\u003cp>Other commissioners asked why the officers would approach Gongora so quickly, in apparent violation of department policies.\u003c/p>\n\u003cp>\"I just heard shouting, just shouting,\" commissioner Petra DeJesus said of the surveillance video. \"I did not hear anything that would indicate de-escalation or anything that would put time and space.\"\u003c/p>\n\u003cp>Suhr said officers for their entire careers have been trained to move toward and engage a threat, and changing the mentality will take time.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"That said, the conversation has been robust and has been robust here and has been at all the stations,\" he said.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10928749/time-and-distance-central-to-controversy-over-san-franciscos-latest-fatal-police-shooting","authors":["3206"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_23329","news_545"],"featImg":"news_10928750","label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. Michel Martin hosts on the weekends.","airtime":"MON-FRI 1pm-2pm, 4:30pm-6:30pm\u003cbr />SAT-SUN 5pm-6pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/All-Things-Considered-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.npr.org/programs/all-things-considered/","meta":{"site":"news","source":"npr"},"link":"/radio/program/all-things-considered"},"american-suburb-podcast":{"id":"american-suburb-podcast","title":"American Suburb: The Podcast","tagline":"The flip side of gentrification, told through one town","info":"Gentrification is changing cities across America, forcing people from neighborhoods they have long called home. Call them the displaced. Now those priced out of the Bay Area are looking for a better life in an unlikely place. American Suburb follows this migration to one California town along the Delta, 45 miles from San Francisco. But is this once sleepy suburb ready for them?","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/American-Suburb-Podcast-Tile-703x703-1.jpg","officialWebsiteLink":"/news/series/american-suburb-podcast","meta":{"site":"news","source":"kqed","order":"13"},"link":"/news/series/american-suburb-podcast/","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?mt=2&id=1287748328","tuneIn":"https://tunein.com/radio/American-Suburb-p1086805/","rss":"https://ww2.kqed.org/news/series/american-suburb-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkMzMDExODgxNjA5"}},"baycurious":{"id":"baycurious","title":"Bay Curious","tagline":"Exploring the Bay Area, one question at a time","info":"KQED’s new podcast, Bay Curious, gets to the bottom of the mysteries — both profound and peculiar — that give the Bay Area its unique identity. And we’ll do it with your help! You ask the questions. You decide what Bay Curious investigates. 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You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED MindShift: How We Will Learn","officialWebsiteLink":"/mindshift/","meta":{"site":"news","source":"kqed","order":"2"},"link":"/podcasts/mindshift","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5","npr":"https://www.npr.org/podcasts/464615685/mind-shift-podcast","stitcher":"https://www.stitcher.com/podcast/kqed/stories-teachers-share","spotify":"https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"}},"morning-edition":{"id":"morning-edition","title":"Morning Edition","info":"\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. 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On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. 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