Families to ask state to charge S.F. cops
Kin of Woods, Góngora Pat take action after D.A. clears officers
Less than a week after San Francisco District Attorney George Gascón declined to file criminal charges against police officers in two controversial killings, an attorney for the men’s families has a backup plan: Ask another prosecutor.
John Burris is representing the families of Mario Woods and Luis Góngora Pat in their civil suits against the city, but on Tuesday the Oakland civil rights attorney told reporters that any successes in civil court wouldn’t amount to justice for the families or serve as punishment for the officers involved.
Flanked by activists atop the Hall of Justice steps Tuesday afternoon, Burris announced that he will ask California Attorney General Xavier Becerra to consider charges against the five officers who shot Woods to death and two officers who fired upon Góngora Pat.
“This is not the end,” Burris said. “And, hopefully, this is just the beginning.”
Burris criticized Gascón for not pursuing murder charges against the officers, or lesser charges such as manslaughter. Video shows officers shot at Woods more than 20 times, he said, suggesting this was enough evidence to show wrongdoing.
“Criminal conduct has taken place,” Burris said. “Holding people accountable for voluntary manslaughter is clearly an option that should have been exercised.”
Burris’ announcement followed fiery speeches from the families of the men who were killed, including Woods’ mother, Gwen Woods. Through sobs and moments of
“This is not the end. And, hopefully, this is just the beginning.”
Attorney John Burris on decision to take case to state Attorney General
pained silence, she chastised both the district attorney and the officers who killed her son.
“I loved that kid and he was worth fighting for — he was the best of me,” she said. “Mario deserved a little empathy.”
Gwen Woods has become an activist against police shootings in the more than two years since her son’s death, but Tuesday was the first time she spoke publicly since Gascón’s announcement.
“You’ll never forget his name,” she promised, sparking cheers and chants from activists clutching “prosecute killer cops” signs and photos of the two men.
Tuesday was also the first time, she said, that she uttered the names of the officers who killed her son. Reading from a piece of paper, she listed them each by name: Winson Seto, Antonio Santos, Charles August, Nicholas Cuevas and Scott Phillips.
Mario Woods, a 26-year-old African American man, was killed Dec. 2, 2015, in the Bayview neighborhood as police were responding to a reported stabbing. Officials said he was holding a 4½-inch blade when officers arrived, telling them, “You’re gonna have to f—ing shoot me.”
The officers attempted to disarm Mario Woods with pepper spray and by firing two beanbag rounds and four foam rounds, but he refused to drop his weapon and began shuffling slowly to his right along a wall.
He was then cut off by Officer August, who told investigators he was trying to protect bystanders behind him at a nearby bus stop. He was the first to fire when Woods advanced toward him within 10 feet. In total the officers fired 26 rounds.
Gwen Woods told those assembled Tuesday not to think of her as a victim.
“This is not an agenda for me,” she said. “This is my life.”
Woods’ death came amid nationwide protests on police use of force in communities of color after the 2014 fatal police shooting of Michael Brown in Ferguson, Mo. Góngora Pat’s death, which occurred four months after Woods’ death, further inflamed tensions between communities of color and police in San Francisco.
Góngora Pat, 45, was fatally shot on April 7, 2016, after he allegedly threatened police with an 8-inch knife. An autopsy found he was under the influence of methamphetamine at a level “high enough to kill or hospitalize a non-habitual user.”
At a news conference last week, Gascón said he was troubled by the shootings and that neither man should have been killed, but he cited insufficient evidence to prosecute.
“I have to tell you I’m extremely, extremely disturbed by the state of the law today,” Gascón said.
Maxwell Szabo, a spokesman for the district attorney’s office, said in an email Tuesday that the shooting cases underscored why Gascon is a strong advocate for a California bill that would toughen the standard for when police officers can lawfully shoot a suspect.
“Ultimately, the law says that no crime was committed, but that is frustrating for the D.A. because he believes that the shootings may not have been necessary,” Szabo said. “The state should only be using lethal force when it’s necessary — not simply because it’s reasonable.”
The state attorney general’s office did not immediately respond to requests for comment Tuesday.
Burris said he would ask Becerra to consider both cases for criminal charges. He said he’s attempted the tactic before and acknowledged it was a long shot.
“It hasn’t worked successfully, no,” he said. “But I just feel like I’m obligated to do something. … Otherwise, there’s no hope.”