San Francisco Chronicle

Families to ask state to charge S.F. cops

Kin of Woods, Góngora Pat take action after D.A. clears officers

- By Megan Cassidy

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.”

 ?? Liz Hafalia / The Chronicle ?? Gwen Woods, mother of Mario Woods, who was killed by S.F. police in ’15: “This is not an agenda for me.”
Liz Hafalia / The Chronicle Gwen Woods, mother of Mario Woods, who was killed by S.F. police in ’15: “This is not an agenda for me.”
 ??  ?? Mario Woods’ and Luis Góngora Pat’s families rally at the Hall of Justice to protest the S.F. district attorney’s decision not to charge the officers.
Mario Woods’ and Luis Góngora Pat’s families rally at the Hall of Justice to protest the S.F. district attorney’s decision not to charge the officers.
 ?? Liz Hafalia / The Chronicle ?? Activists rally at the Hall of Justice to protest the decision by S.F. District Attorney George Gascón to not charge the officers who shot and killed two men.
Liz Hafalia / The Chronicle Activists rally at the Hall of Justice to protest the decision by S.F. District Attorney George Gascón to not charge the officers who shot and killed two men.

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