No immunity from justice
The public’s evolving views on criminal justice are one thing, and so are the election wins of a handful of progressive district attorneys. Now come the first tests of the strength of these changes: going after cops culpable in suspect shootings.
San Francisco is getting a major case. District Attorney Chesa Boudin is following a pledge to crack down on police misconduct. He’s filing manslaughter and other charges against a rookie officer who shot an unarmed carjack suspect three years ago.
It’s not just a stance taken in progressivebubble San Francisco. Los Angeles voters elected former San Francisco District Attorney George Gascón, who ran with similar views: less punishment, more rehabilitation in place of prison time and an end to lockstep support for police. Top prosecutors in Alameda and Contra Costa counties are also breaking the mold.
The glaring cases of George Floyd and Breonna Taylor have deepened public doubt alongside the broader questions of race and bias raised by the Black Lives Matter movement. Those demands aren’t lost on elected district attorneys.
Now the Bay Area is seeing the direct connection. The case brought by Boudin is undeniably troubling. Officer Christopher Samayoa, four days on the job, shot Keita O’Neal who was fleeing police after allegedly hijacking a van. Samayoa fatally shot O’Neal as he rushed past a police cruiser. He was unarmed.
Samayoa was fired by the department and a civil suit brought by O’Neal’s family continues. Boudin is entering the picture with homicide charges, the city’s first in memory filed against a police officer. Historic it may be, yet it’s not the only one in the region.
Alameda County District Attorney Nancy O’Malley, an erstwhile propolice stalwart, is going after an officer who shot a batwielding suspect in a San Leandro Walmart. She’s also reopening the case of Oscar Grant, shot by a BART officer in 2009. In Contra Costa County, top prosecutor Diana Becton came to office with progressive ideals as did Tori Verber Salazar in San Joaquin County.
It’s still a small club, and there are downsides to weigh. Police morale, which is essential for public safety, could take a hit. Law enforcement holds enormous sway at the state level, where it has fended off a string of changes in police conduct and reporting requirements.
Also, the court cases could be a challenge unless the facts are indisputable and a jury can take the momentous step of convicting an officer. Losing a highprofile case would be a major setback in reining in police misconduct. In addition a pilot program to investigate police shootings and build a case against culpable officers has turned out to be “extremely unproductive,” Boudin acknowledges.
There are other factors adding pressure to the story. Boudin dropped charges against a pair of outoftown officers who severely beat a suspect in a Mission District alley though the incident was caught on film. He’s promising to refile the charges, a pledge that came after a furor over the dropped filing.
To hold police officers accountable for misconduct is not to diminish the difficulty or the importance of the job — or the integrity of the vast majority of the men and women who wear the badge. In fact, those who violate their duty to serve and protect their communities are a disgrace to a profession that relies on public respect and support. They should not be immune from justice.