South San Francisco: 3 police officers cleared in fatal shooting

Three South San Francisco police officers involved in the fatal shooting of a man wielding a shotgun outside his home were justified in their use of lethal force, the San Mateo County district attorney announced Tuesday.

Officers Chris Devan, Andrew Constantino and John Paulo were cleared of criminal wrongdoing in the shooting death of 59-year-old John Wayne Eno, District Attorney Stephen Wagstaffe said.

The officers fired 16 shots in the confrontation in May, hitting Eno five times, an investigation determined.

In a letter to South San Francisco Police Chief Jeff Azzopardi, Wagstaffe said his investigation concluded that use of deadly force was “justifiable.”

The shooting unfolded about 11:50 p.m. on May 23 when officers responded to Eno’s home on a cul-de-sac in the 3700 block of Cork Place for a welfare check, Wagstaffe said.

Eno had made a series of 911 calls, Wagstaffe said, telling dispatchers that there were people in his house trying to give him drugs. During the 911 calls, Eno said he shot at someone and gunfire could be heard over the phone, Wagstaffe said.

When Constantino and another officer arrived at the Cork Place home, Eno was in front carrying a shotgun, Wagstaffe said. As Constantino yelled at Eno to drop his gun, multiple officers heard “the unmistakable sound” of Eno racking the firearm, according to the district attorney.

“Both officers feared for their lives at this time, understanding that the racking of a shotgun enables it to be fired,” Wagstaffe wrote.

Constantino opened fire on Eno, who dropped his gun, fell to his knees and “appeared to be searching for something in the vegetation,” Wagstaffe wrote.

Suspecting Eno was reaching for a firearm, Paulo, who had just arrived, fired his weapon as Eno began to stand, wrote Wagstaffe, adding that a broken windshield wiper was later found in the area Eno was searching.

Due to confusing radio transmissions from multiple officers, Devan believed his colleagues were pinned down by the gunman, according to Wagstaffe. Armed with a rifle, Devan fired at Eno, Wagstaffe wrote.

“As soon as he got the decedent in his sights, he fired several times, believing that if he did not shoot the decedent, the decedent would have shot him or other officers,” Wagstaffe wrote of Devan.

Officers attempted first aid while calling paramedics. Eno — who was shot five times, including in the chest, leg and head — was pronounced dead at the scene.

A search later found in the street a Mossberg 500, 12-gauge shotgun that was registered to Eno, according to Wagstaffe. Officers also found several spent shotgun shells in the street.

A subsequent search of Eno’s home determined that a shotgun had been fired in the second-floor master bedroom, damaging a television and a wall, Wagstaffe said.

Constantino fired his weapon four times, Paulo fired three times and Devan fired nine times, Wagstaffe said, adding that the fatal shots were fired by Devan.

Only one officer captured body-camera footage of the shooting.

Investigators from the district attorney’s office interviewed Eno’s family and friends and determined that he had been depressed since his wife’s death two years ago. Family members said Eno suffered from anxiety and had lost a considerable amount of weight, Wagstaffe said. Sarah Ravani is a San Francisco Chronicle staff writer. Email: sravani@sfchronicle.com Twitter: @SarRavani