San Francisco to Pay $400,000 to Settle Lawsuit Over Police Killing of Mario Woods
City Settles, Heads Off Trial in Lawsuit Filed Over SFPD Killing of Mario Woods
Judge Cites Newly Unsealed Video, Allows Mario Woods Suit to Go to Trial
Judge To Decide Whether Mario Woods Civil Case Moves Ahead
SFPD Officers in Mario Woods Case Recount Shooting in Newly Filed Depositions
Mario Woods Case: Judge Leaves Door Open for Ex-Police Chief's Testimony
Attorneys Seek to Force DA, Former S.F. Police Chief to Testify in Mario Woods Case
'You Executed Him All Over Again': Family Members Respond to S.F. DA's Decisions in Police Shooting Cases
Reasonable vs. Necessary: What Keeps the S.F. District Attorney From Prosecuting Officers
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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"},"dkatayama":{"type":"authors","id":"7240","meta":{"index":"authors_1591205172","id":"7240","found":true},"name":"Devin Katayama","firstName":"Devin","lastName":"Katayama","slug":"dkatayama","email":"dkatayama@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"Editor of Talent and Development","bio":"Devin Katayama is former Editor of Talent and Development for KQED. He supported our internship program and on-call staff by looking for equitable opportunities to improve the newsroom.\r\n\r\nHe previously hosted The Bay and American Suburb podcasts from KQED News. Prior to returning to the Bay Area in 2015, Devin was the education reporter for WFPL in Louisville and worked as a producer with radio stations in Chicago and Portland, OR. His work has appeared on NPR’s \u003cem>Morning Edition, All Things Considered, The Takeaway\u003c/em> and \u003cem>Here and Now.\u003c/em>\r\n\r\nDevin earned his MA in Journalism from Columbia College Chicago, where he was a Follett Fellow and the recipient of the 2011 Studs Terkel Community Media Workshop Scholarship for his story on Chicago's homeless youth. He won WBUR's 2014 Daniel Schorr award and a regional RTNDA Edward R. Murrow Award for his documentary \"At Risk\" that looked at issues facing some of Louisville's students. Devin has also received numerous local awards from the Associated Press and the Society of Professional Journalists.","avatar":"https://secure.gravatar.com/avatar/d0d2978a31002fb2de107921a8e18405?s=600&d=blank&r=g","twitter":"RadioDevin","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["author"]},{"site":"stateofhealth","roles":["author"]},{"site":"forum","roles":["editor"]},{"site":"perspectives","roles":["editor"]}],"headData":{"title":"Devin Katayama | KQED","description":"Editor of Talent and Development","ogImgSrc":"https://secure.gravatar.com/avatar/d0d2978a31002fb2de107921a8e18405?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/d0d2978a31002fb2de107921a8e18405?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/dkatayama"},"eaguilar":{"type":"authors","id":"11382","meta":{"index":"authors_1591205172","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":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"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_11752153":{"type":"posts","id":"news_11752153","meta":{"index":"posts_1591205157","site":"news","id":"11752153","score":null,"sort":[1559606881000]},"guestAuthors":[],"slug":"san-francisco-to-pay-400000-to-settle-lawsuit-over-police-killing-of-mario-woods","title":"San Francisco to Pay $400,000 to Settle Lawsuit Over Police Killing of Mario Woods","publishDate":1559606881,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>The mother of a black man shot to death by five San Francisco police officers in 2015 is set to receive $400,000 to settle a wrongful death lawsuit.\u003c/p>\n\u003cp>The Dec. 2, 2015, shooting of \u003ca href=\"https://www.kqed.org/news/tag/mario-woods\" rel=\"noopener\" target=\"_blank\">Mario Woods\u003c/a> was captured by bystanders recording with cell phone cameras from multiple angles. It led to a \u003ca href=\"https://www.kqed.org/news/11126015/federal-review-of-sfpd-finds-major-faults-in-every-area-assessed\" rel=\"noopener\" target=\"_blank\">federal review\u003c/a> of SFPD tactics and the eventual \u003ca href=\"https://www.kqed.org/news/10961193/suhr-resigns-after-series-of-fatal-officer-involved-shootings\" rel=\"noopener\" target=\"_blank\">resignation\u003c/a> of former Police Chief Greg Suhr. A last-minute \u003ca href=\"https://www.kqed.org/news/11735686/mario-woods-sfpd-shooting-lawsuit-settled\" rel=\"noopener\" target=\"_blank\">settlement was reached\u003c/a> in March of this year, just a few days before the federal lawsuit brought by Woods' mother Gwendolyn Woods was set to go to trial.\u003c/p>\n\u003cp>[aside postID=news_11697828,news_11688481,news_11671319 label='The Mario Woods Case']\u003c/p>\n\u003cp>The settlement amount was disclosed Monday in a city Board of Supervisors agenda, and it must be approved by vote of the board before it is finalized.\u003c/p>\n\u003cp>Mario Woods, 26, had allegedly fought with and stabbed another man, Marcel Gardener, in the arm earlier in the day. Gardener drove himself to the hospital, according to his deposition in the civil case, and he reluctantly described Woods to a sheriff's deputy there.\u003c/p>\n\u003cp>SFPD officers Charles August and Brandon Thompson found Woods waiting at a bus stop on 3rd Street in the city's Bayview District shortly after 4 p.m., and Woods pulled his knife, according to the officers' depositions.\u003c/p>\n\u003cp>Woods walked away but was soon surrounded by a semi-circle of approximately nine SFPD officers with guns drawn, his back against a wall. That's the beginning of the multiple \u003ca href=\"https://www.youtube.com/watch?v=ij5TZuohoRg\" rel=\"noopener\" target=\"_blank\">videos\u003c/a> of the shooting.\u003c/p>\n\u003cp>Officers shouted dozens of commands for Woods to drop the knife. Two officers fired beanbag rounds and rubber bullets. Another officer stepped into the half-circle and tried to pepper spray Woods.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>When Woods started to walk along the wall, August stepped into his path. In his deposition, August said he heard Woods repeat the words \"You're going to have to shoot me\" before he and officers Winson Seto, Nicholas Cuevas, Scott Phillips and Antonio Santos opened fire.\u003c/p>\n\u003cp>Woods was shot 20 times and likely grazed once, according to the \u003ca href=\"https://www.kqed.org/news/10861667/medical-examiners-report-on-mario-woods-shooting-released\" rel=\"noopener\" target=\"_blank\">medical examiner's report\u003c/a> on his death. He had methamphetamine and other drugs in his system.\u003c/p>\n\u003cp>District Attorney George Gascón called Woods' killing \"disturbing\" and \"unnecessary\" but \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\" rel=\"noopener\" target=\"_blank\">declined to file\u003c/a> criminal charges against the shooting officers in May 2018.\u003c/p>\n\u003cp>Gwendolyn Woods said at the time that it was like Gascón had \"executed him all over again.\"\u003c/p>\n\u003cp>\"They saw him as nothing or nobody, or that nobody loved him,\" Gwendolyn Woods said a few days after the district attorney's decision. \"Let me tell you, I loved that kid and he was worth me fighting for. He was the best of 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>\u003c/p>\n","blocks":[],"excerpt":"The Dec. 2, 2015, shooting of Mario Woods by five SFPD officers led to the eventual resignation of the city's police chief and a massive reform effort that continues today.","status":"publish","parent":0,"modified":1559606881,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":15,"wordCount":452},"headData":{"title":"San Francisco to Pay $400,000 to Settle Lawsuit Over Police Killing of Mario Woods | KQED","description":"The Dec. 2, 2015, shooting of Mario Woods by five SFPD officers led to the eventual resignation of the city's police chief and a massive reform effort that continues today.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11752153 https://ww2.kqed.org/news/?p=11752153","disqusUrl":"https://ww2.kqed.org/news/2019/06/03/san-francisco-to-pay-400000-to-settle-lawsuit-over-police-killing-of-mario-woods/","disqusTitle":"San Francisco to Pay $400,000 to Settle Lawsuit Over Police Killing of Mario Woods","path":"/news/11752153/san-francisco-to-pay-400000-to-settle-lawsuit-over-police-killing-of-mario-woods","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The mother of a black man shot to death by five San Francisco police officers in 2015 is set to receive $400,000 to settle a wrongful death lawsuit.\u003c/p>\n\u003cp>The Dec. 2, 2015, shooting of \u003ca href=\"https://www.kqed.org/news/tag/mario-woods\" rel=\"noopener\" target=\"_blank\">Mario Woods\u003c/a> was captured by bystanders recording with cell phone cameras from multiple angles. It led to a \u003ca href=\"https://www.kqed.org/news/11126015/federal-review-of-sfpd-finds-major-faults-in-every-area-assessed\" rel=\"noopener\" target=\"_blank\">federal review\u003c/a> of SFPD tactics and the eventual \u003ca href=\"https://www.kqed.org/news/10961193/suhr-resigns-after-series-of-fatal-officer-involved-shootings\" rel=\"noopener\" target=\"_blank\">resignation\u003c/a> of former Police Chief Greg Suhr. A last-minute \u003ca href=\"https://www.kqed.org/news/11735686/mario-woods-sfpd-shooting-lawsuit-settled\" rel=\"noopener\" target=\"_blank\">settlement was reached\u003c/a> in March of this year, just a few days before the federal lawsuit brought by Woods' mother Gwendolyn Woods was set to go to trial.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11697828,news_11688481,news_11671319","label":"The Mario Woods Case "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The settlement amount was disclosed Monday in a city Board of Supervisors agenda, and it must be approved by vote of the board before it is finalized.\u003c/p>\n\u003cp>Mario Woods, 26, had allegedly fought with and stabbed another man, Marcel Gardener, in the arm earlier in the day. Gardener drove himself to the hospital, according to his deposition in the civil case, and he reluctantly described Woods to a sheriff's deputy there.\u003c/p>\n\u003cp>SFPD officers Charles August and Brandon Thompson found Woods waiting at a bus stop on 3rd Street in the city's Bayview District shortly after 4 p.m., and Woods pulled his knife, according to the officers' depositions.\u003c/p>\n\u003cp>Woods walked away but was soon surrounded by a semi-circle of approximately nine SFPD officers with guns drawn, his back against a wall. That's the beginning of the multiple \u003ca href=\"https://www.youtube.com/watch?v=ij5TZuohoRg\" rel=\"noopener\" target=\"_blank\">videos\u003c/a> of the shooting.\u003c/p>\n\u003cp>Officers shouted dozens of commands for Woods to drop the knife. Two officers fired beanbag rounds and rubber bullets. Another officer stepped into the half-circle and tried to pepper spray Woods.\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>When Woods started to walk along the wall, August stepped into his path. In his deposition, August said he heard Woods repeat the words \"You're going to have to shoot me\" before he and officers Winson Seto, Nicholas Cuevas, Scott Phillips and Antonio Santos opened fire.\u003c/p>\n\u003cp>Woods was shot 20 times and likely grazed once, according to the \u003ca href=\"https://www.kqed.org/news/10861667/medical-examiners-report-on-mario-woods-shooting-released\" rel=\"noopener\" target=\"_blank\">medical examiner's report\u003c/a> on his death. He had methamphetamine and other drugs in his system.\u003c/p>\n\u003cp>District Attorney George Gascón called Woods' killing \"disturbing\" and \"unnecessary\" but \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\" rel=\"noopener\" target=\"_blank\">declined to file\u003c/a> criminal charges against the shooting officers in May 2018.\u003c/p>\n\u003cp>Gwendolyn Woods said at the time that it was like Gascón had \"executed him all over again.\"\u003c/p>\n\u003cp>\"They saw him as nothing or nobody, or that nobody loved him,\" Gwendolyn Woods said a few days after the district attorney's decision. \"Let me tell you, I loved that kid and he was worth me fighting for. He was the best of 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>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11752153/san-francisco-to-pay-400000-to-settle-lawsuit-over-police-killing-of-mario-woods","authors":["3206"],"categories":["news_6188","news_8"],"tags":["news_18961","news_116","news_4379","news_545"],"featImg":"news_11752206","label":"news"},"news_11735686":{"type":"posts","id":"news_11735686","meta":{"index":"posts_1591205157","site":"news","id":"11735686","score":null,"sort":[1553654217000]},"guestAuthors":[],"slug":"mario-woods-sfpd-shooting-lawsuit-settled","title":"City Settles, Heads Off Trial in Lawsuit Filed Over SFPD Killing of Mario Woods","publishDate":1553654217,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Days before a trial was set to begin, the city of San Francisco has settled a wrongful death lawsuit arising from one of the most controversial officer-involved shootings in recent Police Department history. \u003c/p>\n\u003cp>The city attorney's office announced Tuesday that an agreement had been reached with Gwendolyn Woods, who sued the city over the fatal 2015 shooting of her son Mario by a group of SFPD officers on a Bayview-Hunters Point street. \u003c/p>\n\u003cp>Details of the settlement, which must still be approved by the city's Police Commission and Board of Supervisors, were not disclosed. But Woods' lawyer, Oakland civil rights attorney John Burris, said the agreement allows his client to move on from a tragedy that was captured on cellphone video and \u003ca href=\"https://www.kqed.org/news/10779852/s-f-police-chief-public-defender-clash-over-latest-fatal-cop-shooting\" rel=\"noopener\" target=\"_blank\">provoked outrage\u003c/a> when it was shared on social media.\u003c/p>\n\u003cp>“She is relieved about the resolution of the case — for her it means literally putting her son to rest,” Burris said.\u003c/p>\n\u003cp>Mario Woods, 26, was confronted the afternoon of Dec. 2, 2015, by officers who identified him as the suspect in a stabbing nearby. With a total of about a dozen officers on the scene, five opened fire when Woods disregarded repeated commands to drop a knife he was carrying and after pepper spray and less-lethal bean-bag rounds failed to subdue him. \u003c/p>\n\u003cp>Former Police Chief Greg Suhr told a community meeting after the shooting that officers shot Woods after he lunged at one of them, but \u003ca href=\"https://www.kqed.org/news/10786115/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" rel=\"noopener\" target=\"_blank\">the video evidence he cited\u003c/a> appeared not to support that claim. \u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe width=\"800\" height=\"450\" src=\"https://www.youtube.com/embed/ij5TZuohoRg\" frameborder=\"0\" allow=\"accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>Officer Charles August, the first to open fire, said in \u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\" rel=\"noopener\" target=\"_blank\">a deposition\u003c/a> for the lawsuit that when he confronted the suspect, Woods told him, \"I'm not going with you.\u003c/p>\n\u003cp>\"He presented the knife. I drew my firearm,\" August testified. \"I pointed it at him. And he said, 'You're going to have to squeeze that.'\"\u003c/p>\n\u003cp>Toxicology tests later found that Woods had methamphetamine, cough medicine, antidepressants and marijuana in his bloodstream at the time of the encounter. \u003c/p>\n\u003cp>When August opened fire — he said he feared Woods posed a danger to bystanders and was close enough to stab or slash him — four other officers followed suit. Twenty rounds struck Woods. \u003c/p>\n\u003cp>The shooting was central to a series of events — including two more fatal police shootings, ongoing community protests and pressure from the late Mayor Ed Lee for reform in the Police Department — that led to \u003ca href=\"https://www.kqed.org/news/10961193/suhr-resigns-after-series-of-fatal-officer-involved-shootings\" rel=\"noopener\" target=\"_blank\">Chief Suhr's resignation\u003c/a> in May 2016.\u003c/p>\n\u003cp>San Francisco 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\" rel=\"noopener\" target=\"_blank\">announced\u003c/a> in May 2018 that no charges would be filed against the officers involved in the case. \u003c/p>\n\u003cp>He called the shooting \"disturbing\" and \"unnecessary,\" but said the state's legal standard for criminally charging police officers for on-duty use of force made it impossible to file charges in either case.\u003c/p>\n\u003cp>Last October, a federal judge cleared the way for a trial in the Woods lawsuit when he ruled that newly obtained video of the incident cast doubt on officers' accounts of the shooting. \u003c/p>\n\u003cp>U.S. District Court Judge William Orrick ruled a jury should have the final say on the lawsuit's negligence and wrongful death claims.\u003c/p>\n\u003cp>\"Viewing the evidence in the light most favorable to the plaintiff, a jury could conclude that officers should have attempted more alternatives before shooting Woods,\" Orrick wrote in his decision.\u003c/p>\n\u003cp>In announcing Tuesday's settlement, city attorney's spokesman John Coté said \"any loss of life is tragic, and our condolences go out to the loved ones affected here.\"\u003c/p>\n\u003cp>He added that the police officers in the Woods case were confronted with a \"risky situation\" and that their response \"was consistent with their training and in accordance with the law.\" \u003c/p>\n\u003cp>\u003cem>KQED's Kate Wolffe contributed to this report.\u003c/em>\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>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Agreement comes days before court was to hear testimony in wrongful death lawsuit arising from controversial officer-involved shooting.","status":"publish","parent":0,"modified":1554052638,"stats":{"hasAudio":false,"hasVideo":true,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":629},"headData":{"title":"City Settles, Heads Off Trial in Lawsuit Filed Over SFPD Killing of Mario Woods | KQED","description":"Agreement comes days before court was to hear testimony in wrongful death lawsuit arising from controversial officer-involved shooting.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11735686 https://ww2.kqed.org/news/?p=11735686","disqusUrl":"https://ww2.kqed.org/news/2019/03/26/mario-woods-sfpd-shooting-lawsuit-settled/","disqusTitle":"City Settles, Heads Off Trial in Lawsuit Filed Over SFPD Killing of Mario Woods","path":"/news/11735686/mario-woods-sfpd-shooting-lawsuit-settled","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Days before a trial was set to begin, the city of San Francisco has settled a wrongful death lawsuit arising from one of the most controversial officer-involved shootings in recent Police Department history. \u003c/p>\n\u003cp>The city attorney's office announced Tuesday that an agreement had been reached with Gwendolyn Woods, who sued the city over the fatal 2015 shooting of her son Mario by a group of SFPD officers on a Bayview-Hunters Point street. \u003c/p>\n\u003cp>Details of the settlement, which must still be approved by the city's Police Commission and Board of Supervisors, were not disclosed. But Woods' lawyer, Oakland civil rights attorney John Burris, said the agreement allows his client to move on from a tragedy that was captured on cellphone video and \u003ca href=\"https://www.kqed.org/news/10779852/s-f-police-chief-public-defender-clash-over-latest-fatal-cop-shooting\" rel=\"noopener\" target=\"_blank\">provoked outrage\u003c/a> when it was shared on social media.\u003c/p>\n\u003cp>“She is relieved about the resolution of the case — for her it means literally putting her son to rest,” Burris said.\u003c/p>\n\u003cp>Mario Woods, 26, was confronted the afternoon of Dec. 2, 2015, by officers who identified him as the suspect in a stabbing nearby. With a total of about a dozen officers on the scene, five opened fire when Woods disregarded repeated commands to drop a knife he was carrying and after pepper spray and less-lethal bean-bag rounds failed to subdue him. \u003c/p>\n\u003cp>Former Police Chief Greg Suhr told a community meeting after the shooting that officers shot Woods after he lunged at one of them, but \u003ca href=\"https://www.kqed.org/news/10786115/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" rel=\"noopener\" target=\"_blank\">the video evidence he cited\u003c/a> appeared not to support that claim. \u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe width=\"800\" height=\"450\" src=\"https://www.youtube.com/embed/ij5TZuohoRg\" frameborder=\"0\" allow=\"accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>Officer Charles August, the first to open fire, said in \u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\" rel=\"noopener\" target=\"_blank\">a deposition\u003c/a> for the lawsuit that when he confronted the suspect, Woods told him, \"I'm not going with you.\u003c/p>\n\u003cp>\"He presented the knife. I drew my firearm,\" August testified. \"I pointed it at him. And he said, 'You're going to have to squeeze that.'\"\u003c/p>\n\u003cp>Toxicology tests later found that Woods had methamphetamine, cough medicine, antidepressants and marijuana in his bloodstream at the time of the encounter. \u003c/p>\n\u003cp>When August opened fire — he said he feared Woods posed a danger to bystanders and was close enough to stab or slash him — four other officers followed suit. Twenty rounds struck Woods. \u003c/p>\n\u003cp>The shooting was central to a series of events — including two more fatal police shootings, ongoing community protests and pressure from the late Mayor Ed Lee for reform in the Police Department — that led to \u003ca href=\"https://www.kqed.org/news/10961193/suhr-resigns-after-series-of-fatal-officer-involved-shootings\" rel=\"noopener\" target=\"_blank\">Chief Suhr's resignation\u003c/a> in May 2016.\u003c/p>\n\u003cp>San Francisco 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\" rel=\"noopener\" target=\"_blank\">announced\u003c/a> in May 2018 that no charges would be filed against the officers involved in the case. \u003c/p>\n\u003cp>He called the shooting \"disturbing\" and \"unnecessary,\" but said the state's legal standard for criminally charging police officers for on-duty use of force made it impossible to file charges in either case.\u003c/p>\n\u003cp>Last October, a federal judge cleared the way for a trial in the Woods lawsuit when he ruled that newly obtained video of the incident cast doubt on officers' accounts of the shooting. \u003c/p>\n\u003cp>U.S. District Court Judge William Orrick ruled a jury should have the final say on the lawsuit's negligence and wrongful death claims.\u003c/p>\n\u003cp>\"Viewing the evidence in the light most favorable to the plaintiff, a jury could conclude that officers should have attempted more alternatives before shooting Woods,\" Orrick wrote in his decision.\u003c/p>\n\u003cp>In announcing Tuesday's settlement, city attorney's spokesman John Coté said \"any loss of life is tragic, and our condolences go out to the loved ones affected here.\"\u003c/p>\n\u003cp>He added that the police officers in the Woods case were confronted with a \"risky situation\" and that their response \"was consistent with their training and in accordance with the law.\" \u003c/p>\n\u003cp>\u003cem>KQED's Kate Wolffe contributed to this report.\u003c/em>\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>\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>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11735686/mario-woods-sfpd-shooting-lawsuit-settled","authors":["236"],"categories":["news_8"],"tags":["news_22855","news_18961","news_6104","news_545"],"featImg":"news_11688585","label":"news"},"news_11697828":{"type":"posts","id":"news_11697828","meta":{"index":"posts_1591205157","site":"news","id":"11697828","score":null,"sort":[1539183524000]},"guestAuthors":[],"slug":"judge-cites-newly-unsealed-video-allows-mario-woods-suit-to-go-to-trial","title":"Judge Cites Newly Unsealed Video, Allows Mario Woods Suit to Go to Trial","publishDate":1539183524,"format":"audio","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Newly unsealed video of the 2015 San Francisco police shooting of \u003ca href=\"https://www.kqed.org/news/tag/mario-woods\" target=\"_blank\" rel=\"noopener\">Mario Woods\u003c/a> casts doubt on officers' statements about the deadly encounter, a federal judge said in a Tuesday ruling.\u003c/p>\n\u003cp>U.S. District Court Judge William Orrick ordered that a lawsuit by Woods' mother can proceed to trial.\u003c/p>\n\u003cp>The video obtained by KQED was taken by a former Muni bus driver on Dec. 2, 2015. It sheds new light on several aspects of the shooting that contributed to launching an era of turmoil and reform for the San Francisco Police Department.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">SFPD Officers in Mario Woods Case Recount Shooting in Newly Filed Depositions\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/08/Woods.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>The footage begins just over a minute before five SFPD officers opened fire on Woods, shooting him 21 times. Officer Brandon Thompson can be heard on the recording telling his partner, Officer Charles August, to back away from Woods as both officers trail him onto Keith Street, near the intersection of 3rd Street and Fitzgerald Avenue in the Bayview district.\u003c/p>\n\u003cp>Thompson and August had approached Woods several minutes before the video's beginning, suspecting him of a stabbing earlier that afternoon. According to August's deposition testimony, Woods was holding a knife and told the officers he wasn't going with them.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>More officers arrived quickly and can be seen on the video surrounding Woods in a semi-circle while his back is to a wall on Keith Street.\u003c/p>\n\u003cp>The video shows Woods fall at one point as officers fired rubber projectiles at him.\u003c/p>\n\u003cp>\"Videos show that the less lethal rounds caused Woods to drop to the ground on all fours,\" Judge William Orrick wrote in his \u003ca href=\"https://www.documentcloud.org/documents/4999320-181009-Woods-v-SF-Order-Re-Motion-for-Summary.html\" target=\"_blank\" rel=\"noopener\">ruling\u003c/a>, citing the bus driver's video. \"After seven seconds on all fours and then his knees, he stood up.\"\u003c/p>\n\u003cp>Orrick noted several of the officers' accounts in depositions and official statements after the shooting that said Woods then began to walk quickly toward August after the officer side-stepped into his path.\u003c/p>\n\u003cp>\"Videos cast doubt on the [o]fficer accounts that Woods was moving quickly or speeding up when officers shot him. They seem to show him take four slow steps with his right shoulder up against the building, walking with a heavy limp,\" Orrick wrote, citing the bus driver's footage. \"The knife was in Woods's right hand, on the building side.\"\u003c/p>\n\u003cp>[audio src=\"https://od1.kqed.org/anon.kqed/radio/thebay/2018/09/WoodsCivilCaseMIX2MASTER.mp3\" Image=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2016/07/RS17708_IMG_3432-qut-1920x1440.jpg\" Title=\"Judge To Decide Whether Mario Woods Civil Case Moves Ahead\" program=\"The Bay\"]\u003c/p>\n\u003cp>The newly unsealed video provides perhaps the clearest view of the moment that August as well as officers Nicholas Cuevas, Winson Seto, Antonio Santos and Scott Phillips started to fire.\u003c/p>\n\u003cp>It appears to show more space between August and Woods at the moment gunshots are heard, compared to \u003ca href=\"https://www.youtube.com/watch?v=ij5TZuohoRg\" target=\"_blank\" rel=\"noopener\">videos\u003c/a> from other perspectives.\u003c/p>\n\u003cp>And, according to attorneys representing Woods' mother, Gwendolyn Woods, it shows Woods start to move away from August just before he's shot.\u003c/p>\n\u003cp>The video appears to definitively \u003ca href=\"https://www.kqed.org/news/10786115/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\" rel=\"noopener\">disprove statements\u003c/a> then Police Chief Greg Suhr made days after the shooting: that Woods raised a knife toward August before the officers fired.\u003c/p>\n\u003cp>But neither Suhr nor anyone else investigating the shooting were aware of the bus driver's video until more than a year later. The driver said in deposition testimony that he feared repercussions and kept the video to himself until the summer of 2017, when he provided a copy to the city.\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">'You Executed Him All Over Again': Family Members Respond to S.F. DA's Decisions in Police Shooting Cases\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS31199_alt_735-1180x1075.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>The city attorney's office waited as long as it could to turn the video over to plaintiffs' attorneys, according to depositions in the case, because the Muni operator who recorded the shooting wanted to change jobs and no longer drive a bus in the Bayview district before his footage became public.\u003c/p>\n\u003cp>Orrick dismissed parts of the lawsuit that relied on federal law, citing the relatively recent U.S. Supreme Court's decision in \u003ca href=\"https://www.oyez.org/cases/2017/17-467\" target=\"_blank\" rel=\"noopener\">Kisela v. Hughes\u003c/a> — a seminal case that expanded police officers' legal immunity when confronting suspects carrying knives.\u003c/p>\n\u003cp>But the judge ruled a jury should have the final say on state-law based negligence and wrongful death claims.\u003c/p>\n\u003cp>\"Viewing the evidence in the light most favorable to the plaintiff, a jury could conclude that officers should have attempted more alternatives before shooting Woods,\" Orrick wrote.\u003c/p>\n\u003cp>\"Unique to this case, there were well over a dozen officers on scene, with at least nine in the direct vicinity of Woods. Each officer had multiple additional weapons, including wooden batons. Given Woods's size, 5'9\" and 156 pounds, a reasonable jury could find that police could and should have overpowered him rather than killing him,\" the judge wrote.\u003c/p>\n\u003cp>The city had sought a ruling that would find the shooting a reasonable, legally justified use of force before the case ever made it to trial.\u003cbr>\n\u003cbr>\n\"Videos show that officers significantly outnumbered Woods, who had neither brandished the knife nor made verbal threats, but rather made statements a fact finder could infer were suicidal,\" Orrick wrote.\u003c/p>\n\u003cp>\"A jury could find that Woods was injured and moving slowly at the moment officers shot him. These facts could be sufficient to allow a jury to conclude that by escalating to deadly force in such a situation, officers acted with reckless disregard for Woods' rights,\" the judge wrote.\u003c/p>\n\u003cp>Orrick noted the city's arguments that could show the officers' use of force \"was tied to legitimate concerns about the safety of officers and bystanders.\"\u003c/p>\n\u003cp>\"This is a question properly resolved by a jury,\" he wrote.\u003c/p>\n\u003cp>The trial is scheduled for April 1, 2019.\u003c/p>\n\u003cp>\u003cem>Editor's note: The video below contains profanity and graphic violence. It may be disturbing to watch.\u003c/em>\u003c/p>\n\u003cp>https://youtu.be/06O255nSImc\u003c/p>\n\n","blocks":[],"excerpt":"\"Videos cast doubt on the [o]fficer accounts that Woods was moving quickly or speeding up when officers shot him,\" the judge wrote.","status":"publish","parent":0,"modified":1539218995,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":27,"wordCount":979},"headData":{"title":"Judge Cites Newly Unsealed Video, Allows Mario Woods Suit to Go to Trial | KQED","description":""Videos cast doubt on the fficer accounts that Woods was moving quickly or speeding up when officers shot him," the judge wrote.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11697828 https://ww2.kqed.org/news/?p=11697828","disqusUrl":"https://ww2.kqed.org/news/2018/10/10/judge-cites-newly-unsealed-video-allows-mario-woods-suit-to-go-to-trial/","disqusTitle":"Judge Cites Newly Unsealed Video, Allows Mario Woods Suit to Go to Trial","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2018/10/EmslieNewWoodsVideo.mp3","audioTrackLength":245,"path":"/news/11697828/judge-cites-newly-unsealed-video-allows-mario-woods-suit-to-go-to-trial","audioDuration":252000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Newly unsealed video of the 2015 San Francisco police shooting of \u003ca href=\"https://www.kqed.org/news/tag/mario-woods\" target=\"_blank\" rel=\"noopener\">Mario Woods\u003c/a> casts doubt on officers' statements about the deadly encounter, a federal judge said in a Tuesday ruling.\u003c/p>\n\u003cp>U.S. District Court Judge William Orrick ordered that a lawsuit by Woods' mother can proceed to trial.\u003c/p>\n\u003cp>The video obtained by KQED was taken by a former Muni bus driver on Dec. 2, 2015. It sheds new light on several aspects of the shooting that contributed to launching an era of turmoil and reform for the San Francisco Police Department.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">SFPD Officers in Mario Woods Case Recount Shooting in Newly Filed Depositions\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/08/Woods.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>The footage begins just over a minute before five SFPD officers opened fire on Woods, shooting him 21 times. Officer Brandon Thompson can be heard on the recording telling his partner, Officer Charles August, to back away from Woods as both officers trail him onto Keith Street, near the intersection of 3rd Street and Fitzgerald Avenue in the Bayview district.\u003c/p>\n\u003cp>Thompson and August had approached Woods several minutes before the video's beginning, suspecting him of a stabbing earlier that afternoon. According to August's deposition testimony, Woods was holding a knife and told the officers he wasn't going with them.\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>More officers arrived quickly and can be seen on the video surrounding Woods in a semi-circle while his back is to a wall on Keith Street.\u003c/p>\n\u003cp>The video shows Woods fall at one point as officers fired rubber projectiles at him.\u003c/p>\n\u003cp>\"Videos show that the less lethal rounds caused Woods to drop to the ground on all fours,\" Judge William Orrick wrote in his \u003ca href=\"https://www.documentcloud.org/documents/4999320-181009-Woods-v-SF-Order-Re-Motion-for-Summary.html\" target=\"_blank\" rel=\"noopener\">ruling\u003c/a>, citing the bus driver's video. \"After seven seconds on all fours and then his knees, he stood up.\"\u003c/p>\n\u003cp>Orrick noted several of the officers' accounts in depositions and official statements after the shooting that said Woods then began to walk quickly toward August after the officer side-stepped into his path.\u003c/p>\n\u003cp>\"Videos cast doubt on the [o]fficer accounts that Woods was moving quickly or speeding up when officers shot him. They seem to show him take four slow steps with his right shoulder up against the building, walking with a heavy limp,\" Orrick wrote, citing the bus driver's footage. \"The knife was in Woods's right hand, on the building side.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"audio","attributes":{"named":{"src":"https://od1.kqed.org/anon.kqed/radio/thebay/2018/09/WoodsCivilCaseMIX2MASTER.mp3","image":"https://ww2.kqed.org/wp-content/uploads/sites/10/2016/07/RS17708_IMG_3432-qut-1920x1440.jpg","title":"Judge To Decide Whether Mario Woods Civil Case Moves Ahead","program":"The Bay","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The newly unsealed video provides perhaps the clearest view of the moment that August as well as officers Nicholas Cuevas, Winson Seto, Antonio Santos and Scott Phillips started to fire.\u003c/p>\n\u003cp>It appears to show more space between August and Woods at the moment gunshots are heard, compared to \u003ca href=\"https://www.youtube.com/watch?v=ij5TZuohoRg\" target=\"_blank\" rel=\"noopener\">videos\u003c/a> from other perspectives.\u003c/p>\n\u003cp>And, according to attorneys representing Woods' mother, Gwendolyn Woods, it shows Woods start to move away from August just before he's shot.\u003c/p>\n\u003cp>The video appears to definitively \u003ca href=\"https://www.kqed.org/news/10786115/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\" rel=\"noopener\">disprove statements\u003c/a> then Police Chief Greg Suhr made days after the shooting: that Woods raised a knife toward August before the officers fired.\u003c/p>\n\u003cp>But neither Suhr nor anyone else investigating the shooting were aware of the bus driver's video until more than a year later. The driver said in deposition testimony that he feared repercussions and kept the video to himself until the summer of 2017, when he provided a copy to the city.\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">'You Executed Him All Over Again': Family Members Respond to S.F. DA's Decisions in Police Shooting Cases\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS31199_alt_735-1180x1075.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>The city attorney's office waited as long as it could to turn the video over to plaintiffs' attorneys, according to depositions in the case, because the Muni operator who recorded the shooting wanted to change jobs and no longer drive a bus in the Bayview district before his footage became public.\u003c/p>\n\u003cp>Orrick dismissed parts of the lawsuit that relied on federal law, citing the relatively recent U.S. Supreme Court's decision in \u003ca href=\"https://www.oyez.org/cases/2017/17-467\" target=\"_blank\" rel=\"noopener\">Kisela v. Hughes\u003c/a> — a seminal case that expanded police officers' legal immunity when confronting suspects carrying knives.\u003c/p>\n\u003cp>But the judge ruled a jury should have the final say on state-law based negligence and wrongful death claims.\u003c/p>\n\u003cp>\"Viewing the evidence in the light most favorable to the plaintiff, a jury could conclude that officers should have attempted more alternatives before shooting Woods,\" Orrick wrote.\u003c/p>\n\u003cp>\"Unique to this case, there were well over a dozen officers on scene, with at least nine in the direct vicinity of Woods. Each officer had multiple additional weapons, including wooden batons. Given Woods's size, 5'9\" and 156 pounds, a reasonable jury could find that police could and should have overpowered him rather than killing him,\" the judge wrote.\u003c/p>\n\u003cp>The city had sought a ruling that would find the shooting a reasonable, legally justified use of force before the case ever made it to trial.\u003cbr>\n\u003cbr>\n\"Videos show that officers significantly outnumbered Woods, who had neither brandished the knife nor made verbal threats, but rather made statements a fact finder could infer were suicidal,\" Orrick wrote.\u003c/p>\n\u003cp>\"A jury could find that Woods was injured and moving slowly at the moment officers shot him. These facts could be sufficient to allow a jury to conclude that by escalating to deadly force in such a situation, officers acted with reckless disregard for Woods' rights,\" the judge wrote.\u003c/p>\n\u003cp>Orrick noted the city's arguments that could show the officers' use of force \"was tied to legitimate concerns about the safety of officers and bystanders.\"\u003c/p>\n\u003cp>\"This is a question properly resolved by a jury,\" he wrote.\u003c/p>\n\u003cp>The trial is scheduled for April 1, 2019.\u003c/p>\n\u003cp>\u003cem>Editor's note: The video below contains profanity and graphic violence. It may be disturbing to watch.\u003c/em>\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/06O255nSImc'\n title='//www.youtube.com/embed/06O255nSImc'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11697828/judge-cites-newly-unsealed-video-allows-mario-woods-suit-to-go-to-trial","authors":["3206"],"categories":["news_6188","news_8"],"tags":["news_19542","news_18961","news_4379","news_545"],"featImg":"news_11697869","label":"news"},"news_11694689":{"type":"posts","id":"news_11694689","meta":{"index":"posts_1591205157","site":"news","id":"11694689","score":null,"sort":[1537956056000]},"guestAuthors":[],"slug":"judge-to-decide-whether-mario-woods-case-moves-ahead","title":"Judge To Decide Whether Mario Woods Civil Case Moves Ahead","publishDate":1537956056,"format":"audio","headTitle":"Judge To Decide Whether Mario Woods Civil Case Moves Ahead | KQED","labelTerm":{},"content":"\u003cp>After a police killing, it can be hard to get a clear picture of what exactly happened. Like the case of Mario Woods, who was shot and killed by San Francisco police in 2015. Nearly three years later, as the civil case is being prepared for trial, we’re getting \u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\">new information\u003c/a> in court filings — including new testimony from the man Woods stabbed a couple hours before he was shot and a new video of the shooting taken from a different perspective.\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>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1700700589,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":4,"wordCount":93},"headData":{"title":"Judge To Decide Whether Mario Woods Civil Case Moves Ahead | KQED","description":"After a police killing, it can be hard to get a clear picture of what exactly happened. Like the case of Mario Woods, who was shot and killed by San Francisco police in 2015. Nearly three years later, as the civil case is being prepared for trial, we're getting new information in court filings --","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"source":"The Bay","sourceUrl":"https://www.kqed.org/news/tag/the-bay","audioUrl":"https://od1.kqed.org/anon.kqed/radio/thebay/2018/09/WoodsCivilCaseMIX2MASTER.mp3","audioTrackLength":751,"path":"/news/11694689/judge-to-decide-whether-mario-woods-case-moves-ahead","audioDuration":751000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>After a police killing, it can be hard to get a clear picture of what exactly happened. Like the case of Mario Woods, who was shot and killed by San Francisco police in 2015. Nearly three years later, as the civil case is being prepared for trial, we’re getting \u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\">new information\u003c/a> in court filings — including new testimony from the man Woods stabbed a couple hours before he was shot and a new video of the shooting taken from a different perspective.\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>\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/11694689/judge-to-decide-whether-mario-woods-case-moves-ahead","authors":["7240"],"programs":["news_28779"],"categories":["news_8","news_33520"],"tags":["news_18961","news_22598","news_27850"],"featImg":"news_11028056","label":"source_news_11694689"},"news_11688481":{"type":"posts","id":"news_11688481","meta":{"index":"posts_1591205157","site":"news","id":"11688481","score":null,"sort":[1535137348000]},"guestAuthors":[],"slug":"sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions","title":"SFPD Officers in Mario Woods Case Recount Shooting in Newly Filed Depositions","publishDate":1535137348,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>For the first time in the more than 2½ years since the fatal shooting of \u003ca href=\"https://www.kqed.org/news/tag/mario-woods\" target=\"_blank\" rel=\"noopener\">Mario Woods\u003c/a> jolted San Francisco and its Police Department, the five officers who opened fire on the Bayview man have testified about the fatal encounter in court depositions.\u003c/p>\n\u003cp>The city attached several hundred pages of transcripts and declarations Wednesday to a motion that essentially seeks dismissal of a federal civil rights lawsuit filed by Woods' mother. The case is scheduled for trial later this year.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11676486/attorneys-seek-testimony-from-d-a-former-s-f-police-chief-in-mario-woods-case\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Attorneys Seek to Force DA, Former S.F. Police Chief to Testify in Mario Woods Case\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11676486/attorneys-seek-testimony-from-d-a-former-s-f-police-chief-in-mario-woods-case\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/SuhrGascon-1920x842-800x351.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>The documents reveal the existence of a recently surfaced cellphone video of the shooting from a different vantage point than those that became public in the hours after the shooting. They also disclose testimony from other responding police officers and from the man the 26-year-old Woods allegedly stabbed in the shoulder shortly before the late afternoon shooting.\u003c/p>\n\u003cp>\"The undisputed facts support the officers' use of force,\" the city's \u003ca href=\"https://www.documentcloud.org/documents/4781912-Motion-for-Summary-Judgment-Gov-Uscourts-Cand.html\" target=\"_blank\" rel=\"noopener\">motion for summary judgment\u003c/a> argues.\u003c/p>\n\u003cp>\"The officers knew Woods had already stabbed someone in the middle of the afternoon,\" the motion says. \"Woods brandished an eight-inch knife when Officer August approached him, in full police uniform, and ordered him to drop his knife. Woods ignored dozens of commands to drop his knife, to get on the ground, and to stop.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>A Stabbing and a Search \u003c/strong>\u003c/p>\n\u003cp>Officers had fanned out around the southern Bayview district on Dec. 2, 2015, looking for a stabbing suspect after Marcel Gardner had driven himself to San Francisco General Hospital with a puncture wound to his left shoulder.\u003c/p>\n\u003cp>\"I was minding my own business, eating a cheeseburger, hanging out with some people,\" Gardner said in a November 2016 \u003ca href=\"https://www.documentcloud.org/documents/4781938-Deposition-of-Marcel-Shepard-Gardiner-Gov.html\" target=\"_blank\" rel=\"noopener\">deposition\u003c/a> filed Wednesday. He said Woods appeared intoxicated and started banging on the driver's side window of Gardner's parked car.\u003c/p>\n\u003cp>\"All I know is, after I got out the car, I was stabbed,\" Gardner said.\u003c/p>\n\u003cp>He said he drove to the hospital but hesitated to go inside \"[b]ecause I didn't want to deal with any police officers.\"\u003c/p>\n\u003cp>He was eventually treated and told a sheriff's deputy that he'd been stabbed by a \"light complected male wearing a hooded sweatshirt\" near his home, according to the deputy's declaration.\u003c/p>\n\u003cp>An SFPD officer dispatched to the scene noticed a 5-foot-8 black man with a baseball hat, hoodie and a backpack. A woman later told the officer that the stabbing suspect was still in the area, and her description matched the man he'd seen earlier. But officers failed to locate him.\u003c/p>\n\u003cp>Sometime after 4 p.m., Officer Charles August spotted a potential suspect less than a half-mile north of the stabbing scene and pointed him out to his partner, Officer Brandon Thompson.\u003c/p>\n\u003cp>\u003cstrong>'I'm Not Going With You'\u003c/strong>\u003c/p>\n\u003cp>\"My partner said, ‘Hey, Brandon, that looks like it may be the guy.’ \" Thompson said in a July 26 \u003ca href=\"https://www.documentcloud.org/documents/4781928-Deposition-of-Brandon-Thompson-SFPD-AUGUST.html\" target=\"_blank\" rel=\"noopener\">deposition\u003c/a>. Thompson said he responded, \" ‘OK, partner. Let’s go over there and try to talk to him.’ \"\u003c/p>\n\u003cp>Woods was standing in line with other people waiting for a bus, holding a can of soda, according to the depositions and Muni video described in a \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\">district attorney's report\u003c/a> on the shooting.\u003c/p>\n\u003cp>August said in \u003ca href=\"https://www.documentcloud.org/documents/4781940-Deposition-of-Charles-August-Gov-Uscourts-Cand.html\" target=\"_blank\" rel=\"noopener\">his deposition\u003c/a> that when he got out of his patrol vehicle, Woods said, \"I'm not going with you.\"\u003c/p>\n\u003cp>\"He presented the knife. I drew my firearm,\" August testified. \"I pointed it at him. And he said, 'You're going to have to squeeze that.' \"\u003c/p>\n\u003cp>Blood recovered from the knife would later match Gardner's DNA, according to the city's court filings.\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">'You Executed Him All Over Again': Family Members Respond to S.F. DA's Decisions in Police Shooting Cases\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS31199_alt_735-1180x1075.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Thompson remembered Woods saying, \"You better squeeze that motherfucker and kill me.\" But he added he didn't think Woods was suicidal.\u003c/p>\n\u003cp>Adante Pointer, who represents Woods' mother, Gwendolyn Woods, asked August if he took that as a suicidal statement, homicidal statement or a threat. August said no to all three questions.\u003c/p>\n\u003cp>\u003cstrong>A Call for Reinforcements\u003c/strong>\u003c/p>\n\u003cp>Woods started to walk away and the officers walked behind him. At approximately 4:33 p.m., Thompson broadcast over police radio that they were at Keith Street and Fitzgerald Avenue and that the suspect had a knife and was \"coming at my partner,\" according to the \u003ca href=\"https://sfdistrictattorney.org/sites/default/files/OIS%20Report_Mario%20Woods_0.pdf\" target=\"_blank\" rel=\"noopener\">DA's report\u003c/a>. He requested that an officer respond with what the department calls an \"extended-range impact weapon\" — essentially a shotgun that fires beanbags or a larger launcher that fires rubber bullets — and broadcast again that Woods was pointing a knife at August.\u003c/p>\n\u003cp>Several more officers began to arrive and converge around Woods, August, Thompson and bystanders at the adjacent bus stop. Among them were Bayview Officers Nicholas Cuevas and Scott Phillips, who was in his last week of field training under Cuevas. They were just beginning their shift and had cut short a training that included videos of officer-involved shootings and assaults on police officers to respond to Thompson's calls.\u003c/p>\n\u003cp>\"We had a Muni bus, it was 4:30 in the afternoon, kids were getting off school, getting home, getting ready to eat dinner, do their homework,\" Cuevas said in his \u003ca href=\"https://www.documentcloud.org/documents/4781937-Deposition-of-Nicholas-Cuevas-Gov-Uscourts-Cand.html\" target=\"_blank\" rel=\"noopener\">deposition\u003c/a>. \"People are getting off work. This is a bedroom community, there is lots of people, pedestrian traffic at the time, and there was nothing to put in between us.\"\u003c/p>\n\u003cp>Officers Winson Seto and Shaun Navarro arrived separately. Navarro brought along an extended-range impact weapon that fires rubber bullets.\u003c/p>\n\u003cp>The officers converged in a semicircle around Woods, whose back was to a wall. Widely circulated bystander \u003ca href=\"https://www.kqed.org/news/10786115/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\" rel=\"noopener\">video\u003c/a> shared on social media the day of the shooting begins at about this point.\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=ij5TZuohoRg\u003c/p>\n\u003cp>August said several officers were shouting commands at Woods, and he decided to try something else.\u003c/p>\n\u003cp>\"I lowered my voice, and because he would periodically look at me and say things, I would tell him, 'You know, just put the knife down; you know, let's not do it this way,' things of that sort,\" August said. He said at the beginning of his deposition that he had not returned to patrol since the shooting.\u003c/p>\n\u003cp>Navarro fired four impact rounds, hitting Woods in his lower body. Another officer, Jennifer Traw, fired two beanbag rounds from a shotgun. Officer Jessie Ortiz leaned into the semicircle and pepper-sprayed Woods. But he didn't drop the knife.\u003c/p>\n\u003cp>\u003cstrong>'Fire in His Eye'\u003c/strong>\u003c/p>\n\u003cp>Most of the officers said in depositions that they suspected Woods was under the influence of drugs.\u003c/p>\n\u003cp>Ortiz told homicide investigators that \"Mario had fire in his eye,\" according to his April 18 \u003ca href=\"https://www.documentcloud.org/documents/4781930-Deposition-of-Jessie-Ortiz-SFPD-Pepper-Spray-Gov.html\" target=\"_blank\" rel=\"noopener\">deposition\u003c/a>. He was asked to explain what he meant.\u003c/p>\n\u003cp>\"It’s a term I use for like if — if someone’s possibly on narcotics or they — when you go through confrontation you see when someone gets angry, you see their eyes get like really just — they the bulge out,\" Ortiz said. \"They have fire. I guess it’s — it’s — it’s just very intense.\"\u003c/p>\n\u003cp>The city's latest filings include a \u003ca href=\"https://www.documentcloud.org/documents/4781917-Declaratinon-of-John-Mendelson-MD-TOX-Gov.html\" target=\"_blank\" rel=\"noopener\">declaration\u003c/a> from Dr. John Mendelson, who analyzed the findings from toxicology tests run on Woods' blood. He wrote that Woods \"suffered synergistic toxicity\" from a high concentration of methamphetamine and cough medicine in his system, along with antidepressants and marijuana.\u003c/p>\n\u003cp>\"The poor judgment shown by Mr. Woods in this case — brandishing a knife in the presence of several police officers — is a classic example of the inability of chronic stimulant abusers to appreciate significant risk,\" Mendelson wrote.\u003c/p>\n\u003cp>After the impact rounds and pepper spray, Woods can be seen on bystander video crouching down briefly before he turned and started to walk away from most of the officers. August stepped into his path.\u003c/p>\n\u003cp>\"I sidestepped to my left to put a barrier between Mario and the people that I could hear behind me,\" August said. \"He told me that I was going to have to shoot him.\"\u003c/p>\n\u003cp>\u003cstrong>Deadly Fusillade at Close Quarters\u003c/strong>\u003c/p>\n\u003cp>August said when he decided to fire, Woods was \"close enough to stab or slash at me if he wanted to.\"\u003c/p>\n\u003cp>The officers all said Woods never threatened any officer with the knife, nor did he make any verbal threats. They also all said they believed Woods was an imminent threat to August.\u003c/p>\n\u003cp>August, Seto, Santos, Cuevas and Phillips all fired their semiautomatic pistols in a span of four seconds. Woods was hit 20 times and grazed once on his right cheek, according to the \u003ca href=\"https://www.kqed.org/news/10861667/medical-examiners-report-on-mario-woods-shooting-released\" target=\"_blank\" rel=\"noopener\">medical examiner's report\u003c/a> on his death.\u003c/p>\n\u003cp>One of the non-SFPD witnesses deposed in the case was a former Muni bus driver. He was about 30 feet behind the officers, according to his July 25 \u003ca href=\"https://www.documentcloud.org/documents/4782589-Deposition-of-MUNI-Gov-Uscourts-Cand-293649-115-15.html\" target=\"_blank\" rel=\"noopener\">deposition\u003c/a> testimony.\u003c/p>\n\u003cp>He recorded video with his cellphone, but didn't share it with investigators until summer 2017.\u003c/p>\n\u003cp>\"I was scared,\" the driver said. \"I'm in the public eye. I'm in that area. I didn't know if there would be any backlash or repercussions for me providing that video.\"\u003c/p>\n\u003cp>The video was only recently turned over to plaintiffs' attorneys.\u003c/p>\n\u003cp>The man said was waiting to relieve another Muni driver at a stop near Third and Keith streets when he heard an officer say, \"Drop the knife.\"\u003c/p>\n\u003cp>He said he heard Woods say, \"Fuck you. Come get it.\"\u003c/p>\n\u003cp>He can be heard on the video he recorded saying, \"It isn't worth it,\" according to testimony during his deposition.\u003c/p>\n\u003cp>\"A knife ain’t worth your life, if they’re asking you to drop it, drop it.\" he testified. \"As far as what I meant, that's what I meant.\"\u003c/p>\n\u003cp>\u003cstrong>A Change in SFPD Training\u003c/strong>\u003c/p>\n\u003cp>Pointer and other attorneys for Woods' mother pressed the officers on whether they made any plans about how they would approach the suspect and what they would do if the \"less-lethal\" impact rounds didn't work. None of the officers could say who was in charge of the scene, and they said there was little to no planning before they surrounded Woods.\u003c/p>\n\u003cp>\"But I would call our training and us, kind of — for lack of a better phrase — 'vibing' off of each other and just dealing with the scene, knowing how each other works, as you know essentially some order of communication,\" Officer Navarro said in his deposition. \"And there was a plan in our training on how you deal with a suspect with a knife.\"\u003c/p>\n\u003cp>San Francisco Police Department training changed as a direct result of the Woods shooting.\u003c/p>\n\u003cp>Malia Cohen, who represents the Bayview on the Board of Supervisors, \u003ca href=\"https://story.californiasunday.com/mario-woods-after-shooting\" target=\"_blank\" rel=\"noopener\">later said\u003c/a> the shooting resembled an \"ethnically diverse firing squad.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Late Mayor Ed Lee and former Police Chief Greg Suhr promised reform and invited a federal review of the department. Former Police Commission presidents Suzy Loftus and Julius Turman spearheaded an effort to rewrite the rules governing officer use of force. The commission adopted the new rules in June 2016, a month after Suhr was forced out after two more fatal police shootings.\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\n","blocks":[],"excerpt":"Officers were called to testify in civil rights case arising from December 2015 incident in which Woods was shot 21 times.","status":"publish","parent":0,"modified":1554053153,"stats":{"hasAudio":false,"hasVideo":true,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":58,"wordCount":1873},"headData":{"title":"SFPD Officers in Mario Woods Case Recount Shooting in Newly Filed Depositions | KQED","description":"Officers were called to testify in civil rights case arising from December 2015 incident in which Woods was shot 21 times.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11688481 https://ww2.kqed.org/news/?p=11688481","disqusUrl":"https://ww2.kqed.org/news/2018/08/24/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions/","disqusTitle":"SFPD Officers in Mario Woods Case Recount Shooting in Newly Filed Depositions","path":"/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>For the first time in the more than 2½ years since the fatal shooting of \u003ca href=\"https://www.kqed.org/news/tag/mario-woods\" target=\"_blank\" rel=\"noopener\">Mario Woods\u003c/a> jolted San Francisco and its Police Department, the five officers who opened fire on the Bayview man have testified about the fatal encounter in court depositions.\u003c/p>\n\u003cp>The city attached several hundred pages of transcripts and declarations Wednesday to a motion that essentially seeks dismissal of a federal civil rights lawsuit filed by Woods' mother. The case is scheduled for trial later this year.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11676486/attorneys-seek-testimony-from-d-a-former-s-f-police-chief-in-mario-woods-case\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Attorneys Seek to Force DA, Former S.F. Police Chief to Testify in Mario Woods Case\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11676486/attorneys-seek-testimony-from-d-a-former-s-f-police-chief-in-mario-woods-case\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/SuhrGascon-1920x842-800x351.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>The documents reveal the existence of a recently surfaced cellphone video of the shooting from a different vantage point than those that became public in the hours after the shooting. They also disclose testimony from other responding police officers and from the man the 26-year-old Woods allegedly stabbed in the shoulder shortly before the late afternoon shooting.\u003c/p>\n\u003cp>\"The undisputed facts support the officers' use of force,\" the city's \u003ca href=\"https://www.documentcloud.org/documents/4781912-Motion-for-Summary-Judgment-Gov-Uscourts-Cand.html\" target=\"_blank\" rel=\"noopener\">motion for summary judgment\u003c/a> argues.\u003c/p>\n\u003cp>\"The officers knew Woods had already stabbed someone in the middle of the afternoon,\" the motion says. \"Woods brandished an eight-inch knife when Officer August approached him, in full police uniform, and ordered him to drop his knife. Woods ignored dozens of commands to drop his knife, to get on the ground, and to stop.\"\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>\u003cstrong>A Stabbing and a Search \u003c/strong>\u003c/p>\n\u003cp>Officers had fanned out around the southern Bayview district on Dec. 2, 2015, looking for a stabbing suspect after Marcel Gardner had driven himself to San Francisco General Hospital with a puncture wound to his left shoulder.\u003c/p>\n\u003cp>\"I was minding my own business, eating a cheeseburger, hanging out with some people,\" Gardner said in a November 2016 \u003ca href=\"https://www.documentcloud.org/documents/4781938-Deposition-of-Marcel-Shepard-Gardiner-Gov.html\" target=\"_blank\" rel=\"noopener\">deposition\u003c/a> filed Wednesday. He said Woods appeared intoxicated and started banging on the driver's side window of Gardner's parked car.\u003c/p>\n\u003cp>\"All I know is, after I got out the car, I was stabbed,\" Gardner said.\u003c/p>\n\u003cp>He said he drove to the hospital but hesitated to go inside \"[b]ecause I didn't want to deal with any police officers.\"\u003c/p>\n\u003cp>He was eventually treated and told a sheriff's deputy that he'd been stabbed by a \"light complected male wearing a hooded sweatshirt\" near his home, according to the deputy's declaration.\u003c/p>\n\u003cp>An SFPD officer dispatched to the scene noticed a 5-foot-8 black man with a baseball hat, hoodie and a backpack. A woman later told the officer that the stabbing suspect was still in the area, and her description matched the man he'd seen earlier. But officers failed to locate him.\u003c/p>\n\u003cp>Sometime after 4 p.m., Officer Charles August spotted a potential suspect less than a half-mile north of the stabbing scene and pointed him out to his partner, Officer Brandon Thompson.\u003c/p>\n\u003cp>\u003cstrong>'I'm Not Going With You'\u003c/strong>\u003c/p>\n\u003cp>\"My partner said, ‘Hey, Brandon, that looks like it may be the guy.’ \" Thompson said in a July 26 \u003ca href=\"https://www.documentcloud.org/documents/4781928-Deposition-of-Brandon-Thompson-SFPD-AUGUST.html\" target=\"_blank\" rel=\"noopener\">deposition\u003c/a>. Thompson said he responded, \" ‘OK, partner. Let’s go over there and try to talk to him.’ \"\u003c/p>\n\u003cp>Woods was standing in line with other people waiting for a bus, holding a can of soda, according to the depositions and Muni video described in a \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\">district attorney's report\u003c/a> on the shooting.\u003c/p>\n\u003cp>August said in \u003ca href=\"https://www.documentcloud.org/documents/4781940-Deposition-of-Charles-August-Gov-Uscourts-Cand.html\" target=\"_blank\" rel=\"noopener\">his deposition\u003c/a> that when he got out of his patrol vehicle, Woods said, \"I'm not going with you.\"\u003c/p>\n\u003cp>\"He presented the knife. I drew my firearm,\" August testified. \"I pointed it at him. And he said, 'You're going to have to squeeze that.' \"\u003c/p>\n\u003cp>Blood recovered from the knife would later match Gardner's DNA, according to the city's court filings.\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">'You Executed Him All Over Again': Family Members Respond to S.F. DA's Decisions in Police Shooting Cases\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS31199_alt_735-1180x1075.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Thompson remembered Woods saying, \"You better squeeze that motherfucker and kill me.\" But he added he didn't think Woods was suicidal.\u003c/p>\n\u003cp>Adante Pointer, who represents Woods' mother, Gwendolyn Woods, asked August if he took that as a suicidal statement, homicidal statement or a threat. August said no to all three questions.\u003c/p>\n\u003cp>\u003cstrong>A Call for Reinforcements\u003c/strong>\u003c/p>\n\u003cp>Woods started to walk away and the officers walked behind him. At approximately 4:33 p.m., Thompson broadcast over police radio that they were at Keith Street and Fitzgerald Avenue and that the suspect had a knife and was \"coming at my partner,\" according to the \u003ca href=\"https://sfdistrictattorney.org/sites/default/files/OIS%20Report_Mario%20Woods_0.pdf\" target=\"_blank\" rel=\"noopener\">DA's report\u003c/a>. He requested that an officer respond with what the department calls an \"extended-range impact weapon\" — essentially a shotgun that fires beanbags or a larger launcher that fires rubber bullets — and broadcast again that Woods was pointing a knife at August.\u003c/p>\n\u003cp>Several more officers began to arrive and converge around Woods, August, Thompson and bystanders at the adjacent bus stop. Among them were Bayview Officers Nicholas Cuevas and Scott Phillips, who was in his last week of field training under Cuevas. They were just beginning their shift and had cut short a training that included videos of officer-involved shootings and assaults on police officers to respond to Thompson's calls.\u003c/p>\n\u003cp>\"We had a Muni bus, it was 4:30 in the afternoon, kids were getting off school, getting home, getting ready to eat dinner, do their homework,\" Cuevas said in his \u003ca href=\"https://www.documentcloud.org/documents/4781937-Deposition-of-Nicholas-Cuevas-Gov-Uscourts-Cand.html\" target=\"_blank\" rel=\"noopener\">deposition\u003c/a>. \"People are getting off work. This is a bedroom community, there is lots of people, pedestrian traffic at the time, and there was nothing to put in between us.\"\u003c/p>\n\u003cp>Officers Winson Seto and Shaun Navarro arrived separately. Navarro brought along an extended-range impact weapon that fires rubber bullets.\u003c/p>\n\u003cp>The officers converged in a semicircle around Woods, whose back was to a wall. Widely circulated bystander \u003ca href=\"https://www.kqed.org/news/10786115/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\" rel=\"noopener\">video\u003c/a> shared on social media the day of the shooting begins at about this point.\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>August said several officers were shouting commands at Woods, and he decided to try something else.\u003c/p>\n\u003cp>\"I lowered my voice, and because he would periodically look at me and say things, I would tell him, 'You know, just put the knife down; you know, let's not do it this way,' things of that sort,\" August said. He said at the beginning of his deposition that he had not returned to patrol since the shooting.\u003c/p>\n\u003cp>Navarro fired four impact rounds, hitting Woods in his lower body. Another officer, Jennifer Traw, fired two beanbag rounds from a shotgun. Officer Jessie Ortiz leaned into the semicircle and pepper-sprayed Woods. But he didn't drop the knife.\u003c/p>\n\u003cp>\u003cstrong>'Fire in His Eye'\u003c/strong>\u003c/p>\n\u003cp>Most of the officers said in depositions that they suspected Woods was under the influence of drugs.\u003c/p>\n\u003cp>Ortiz told homicide investigators that \"Mario had fire in his eye,\" according to his April 18 \u003ca href=\"https://www.documentcloud.org/documents/4781930-Deposition-of-Jessie-Ortiz-SFPD-Pepper-Spray-Gov.html\" target=\"_blank\" rel=\"noopener\">deposition\u003c/a>. He was asked to explain what he meant.\u003c/p>\n\u003cp>\"It’s a term I use for like if — if someone’s possibly on narcotics or they — when you go through confrontation you see when someone gets angry, you see their eyes get like really just — they the bulge out,\" Ortiz said. \"They have fire. I guess it’s — it’s — it’s just very intense.\"\u003c/p>\n\u003cp>The city's latest filings include a \u003ca href=\"https://www.documentcloud.org/documents/4781917-Declaratinon-of-John-Mendelson-MD-TOX-Gov.html\" target=\"_blank\" rel=\"noopener\">declaration\u003c/a> from Dr. John Mendelson, who analyzed the findings from toxicology tests run on Woods' blood. He wrote that Woods \"suffered synergistic toxicity\" from a high concentration of methamphetamine and cough medicine in his system, along with antidepressants and marijuana.\u003c/p>\n\u003cp>\"The poor judgment shown by Mr. Woods in this case — brandishing a knife in the presence of several police officers — is a classic example of the inability of chronic stimulant abusers to appreciate significant risk,\" Mendelson wrote.\u003c/p>\n\u003cp>After the impact rounds and pepper spray, Woods can be seen on bystander video crouching down briefly before he turned and started to walk away from most of the officers. August stepped into his path.\u003c/p>\n\u003cp>\"I sidestepped to my left to put a barrier between Mario and the people that I could hear behind me,\" August said. \"He told me that I was going to have to shoot him.\"\u003c/p>\n\u003cp>\u003cstrong>Deadly Fusillade at Close Quarters\u003c/strong>\u003c/p>\n\u003cp>August said when he decided to fire, Woods was \"close enough to stab or slash at me if he wanted to.\"\u003c/p>\n\u003cp>The officers all said Woods never threatened any officer with the knife, nor did he make any verbal threats. They also all said they believed Woods was an imminent threat to August.\u003c/p>\n\u003cp>August, Seto, Santos, Cuevas and Phillips all fired their semiautomatic pistols in a span of four seconds. Woods was hit 20 times and grazed once on his right cheek, according to the \u003ca href=\"https://www.kqed.org/news/10861667/medical-examiners-report-on-mario-woods-shooting-released\" target=\"_blank\" rel=\"noopener\">medical examiner's report\u003c/a> on his death.\u003c/p>\n\u003cp>One of the non-SFPD witnesses deposed in the case was a former Muni bus driver. He was about 30 feet behind the officers, according to his July 25 \u003ca href=\"https://www.documentcloud.org/documents/4782589-Deposition-of-MUNI-Gov-Uscourts-Cand-293649-115-15.html\" target=\"_blank\" rel=\"noopener\">deposition\u003c/a> testimony.\u003c/p>\n\u003cp>He recorded video with his cellphone, but didn't share it with investigators until summer 2017.\u003c/p>\n\u003cp>\"I was scared,\" the driver said. \"I'm in the public eye. I'm in that area. I didn't know if there would be any backlash or repercussions for me providing that video.\"\u003c/p>\n\u003cp>The video was only recently turned over to plaintiffs' attorneys.\u003c/p>\n\u003cp>The man said was waiting to relieve another Muni driver at a stop near Third and Keith streets when he heard an officer say, \"Drop the knife.\"\u003c/p>\n\u003cp>He said he heard Woods say, \"Fuck you. Come get it.\"\u003c/p>\n\u003cp>He can be heard on the video he recorded saying, \"It isn't worth it,\" according to testimony during his deposition.\u003c/p>\n\u003cp>\"A knife ain’t worth your life, if they’re asking you to drop it, drop it.\" he testified. \"As far as what I meant, that's what I meant.\"\u003c/p>\n\u003cp>\u003cstrong>A Change in SFPD Training\u003c/strong>\u003c/p>\n\u003cp>Pointer and other attorneys for Woods' mother pressed the officers on whether they made any plans about how they would approach the suspect and what they would do if the \"less-lethal\" impact rounds didn't work. None of the officers could say who was in charge of the scene, and they said there was little to no planning before they surrounded Woods.\u003c/p>\n\u003cp>\"But I would call our training and us, kind of — for lack of a better phrase — 'vibing' off of each other and just dealing with the scene, knowing how each other works, as you know essentially some order of communication,\" Officer Navarro said in his deposition. \"And there was a plan in our training on how you deal with a suspect with a knife.\"\u003c/p>\n\u003cp>San Francisco Police Department training changed as a direct result of the Woods shooting.\u003c/p>\n\u003cp>Malia Cohen, who represents the Bayview on the Board of Supervisors, \u003ca href=\"https://story.californiasunday.com/mario-woods-after-shooting\" target=\"_blank\" rel=\"noopener\">later said\u003c/a> the shooting resembled an \"ethnically diverse firing squad.\"\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>Late Mayor Ed Lee and former Police Chief Greg Suhr promised reform and invited a federal review of the department. Former Police Commission presidents Suzy Loftus and Julius Turman spearheaded an effort to rewrite the rules governing officer use of force. The commission adopted the new rules in June 2016, a month after Suhr was forced out after two more fatal police shootings.\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\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions","authors":["3206"],"categories":["news_6188","news_8"],"tags":["news_19542","news_18961","news_22850","news_545"],"featImg":"news_11688585","label":"news"},"news_11678009":{"type":"posts","id":"news_11678009","meta":{"index":"posts_1591205157","site":"news","id":"11678009","score":null,"sort":[1530232339000]},"guestAuthors":[],"slug":"mario-woods-case-judge-leaves-door-open-for-ex-police-chiefs-testimony","title":"Mario Woods Case: Judge Leaves Door Open for Ex-Police Chief's Testimony","publishDate":1530232339,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Federal Judge William Orrick ordered the San Francisco District Attorney's Office Thursday to produce parts of its case file on the 2015 police slaying of 26-year-old Mario Woods. He also left open the possibility that former Police Chief Greg Suhr could be forced to give sworn testimony in the federal civil rights case brought by Woods' mother.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11676486/attorneys-seek-testimony-from-d-a-former-s-f-police-chief-in-mario-woods-case\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Attorneys Seek to Force DA, Former S.F. Police Chief to Testify in Mario Woods Case\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11676486/attorneys-seek-testimony-from-d-a-former-s-f-police-chief-in-mario-woods-case\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/SuhrGascon-1920x842-1180x517.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp style=\"text-align: left\">It’s part of a long-shot legal strategy to hold the city and high-ranking law enforcement officials accountable for Woods' fatal shooting by police in 2015.\u003c/p>\n\u003c/aside>\n\u003cp>Orrick said in court that there is \"no basis for the deposition of the district attorney,\" something attorneys representing Gwendolyn Woods had sought in lieu of access to the DA's case file, which attorneys representing San Francisco and the officers who shot Woods are also seeking.\u003c/p>\n\u003cp>District Attorney George Gascón objected to subpoenas from both sides, citing attorney privilege.\u003c/p>\n\u003cp>\"With respect to the district attorney,\" Orrick said from the bench, \"I'm inclined to order that the documents as requested by the city and county be produced.\"\u003c/p>\n\u003cp>Those include \"all the fact-based documents,\" Orrick said, such as witness statements and photographs. If the district attorney thinks something in the case file gets at privileged information -- he has argued in court filings that witness interview transcripts and recordings are privileged -- Orrick ordered that the office describe the information in a written filing. He'll then rule on whether it should be disclosed.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Orrick indicated, as KQED reported last week, that Suhr's statements in the days following the Dec. 2, 2015, shooting in the Bayview could bolster Woods' long-shot legal claim that aims to hold the city and high-ranking officials accountable for the death.\u003c/p>\n\u003cp>Suhr \u003ca href=\"http://www.sfexaminer.com/suhr-claims-video-shows-mario-woods-raised-knife-at-officer-community-in-disbelief/\" target=\"_blank\" rel=\"noopener\">said\u003c/a> on Dec. 4, 2015, that bystander video circulating on social media within hours of Woods' death showed him raise his arm, holding a knife, toward an officer before the first shot was fired.\u003c/p>\n\u003cp>\"We were able to enhance one second of the tweeted video,\" Suhr said at a town hall meeting two days after the shooting, \"which shows the officer engaging with Mr. Woods and Mr. Woods’ arm with the knife outstretched. The officer fearing for his safety. ... He fired in defense of himself, and the other four officers fired in defense of that officer.”\u003c/p>\n\u003cp>He reiterated the statement on Dec. 7, 2015, hours before KQED \u003ca href=\"https://www.kqed.org/news/10786115/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\" rel=\"noopener\">published video analysis\u003c/a> showing Woods' arm raised only after the first shot was fired, as he appears to fall backward.\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=ij5TZuohoRg&feature=youtu.be\u003c/p>\n\u003cp>\"The video was pretty easily debunked by the media and ourselves,\" Gwendolyn Woods' attorney, Adante Pointer, said in court Thursday.\u003c/p>\n\u003cp>\"Was this a rush to judgment, was this somebody who essentially ignored the facts, or displayed the 'facts' in such a way to mislead the public?\" Pointer said after the hearing. \"We think that’s highly relevant to determining whether the person who was the captain of the ship of SFPD was steering it away from what we think is the iceberg of accountability.\"\u003c/p>\n\u003cp>But Orrick agreed with Deputy City Attorney Sean Connolly that Woods' lawyers had not yet shown that the city should be held responsible for the death -- through a legal mechanism called a Monell claim.\u003c/p>\n\u003cp>\"It's all supposition,\" Connolly argued in court. \"You don’t get to just use the word Monell and go on a fishing trip.\"\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">'You Executed Him All Over Again': Family Members Respond to S.F. DA's Decisions in Police Shooting Cases\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS31199_alt_735-1180x1075.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp style=\"text-align: left\">'Don't give my story nonchalantly,' Gwendolyn Woods pleaded to reporters.\u003c/p>\n\u003c/aside>\n\u003cp>Plaintiffs cite investigative reporting from multiple news organizations in legal filings attempting to establish that the SFPD under Suhr \"nurtured a permissive culture of excessive force and racial bias.\"\u003c/p>\n\u003cp>The city questioned the validity of those news reports in court filings.\u003c/p>\n\u003cp>\"Defendants dispute plaintiff's use of inflammatory, sensationalized and unproved media allegations as a basis for any part of this legal inquiry,\" the city's position on Suhr's deposition begins.\u003c/p>\n\u003cp>Orrick directed Woods' attorneys to take depositions from other SFPD officials knowledgeable about the Police Department's policies before revisiting whether Suhr should be compelled to testify.\u003c/p>\n\u003cp>\"At the moment, I just don’t have enough to know,\" Orrick told Pointer in court.\u003c/p>\n\u003cp>Pointer acknowledged that others may be able to testify about use-of-force rule changes before and after Woods was killed. But, he said, only Greg Suhr can explain why he said what he did about the shooting.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"You can infer by what a person says or what they do what they were thinking,\" Pointer said after the hearing. \"But only when you ask them point-blank, under oath, should you get the real truth.\"\u003c/p>\n\n","blocks":[],"excerpt":"William Orrick indicated that Greg Suhr's statements in days after 2015 shooting in the Bayview could bolster long-shot legal claim that aims to hold city and high-ranking officials accountable for the death.","status":"publish","parent":0,"modified":1530232339,"stats":{"hasAudio":false,"hasVideo":true,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":812},"headData":{"title":"Mario Woods Case: Judge Leaves Door Open for Ex-Police Chief's Testimony | KQED","description":"William Orrick indicated that Greg Suhr's statements in days after 2015 shooting in the Bayview could bolster long-shot legal claim that aims to hold city and high-ranking officials accountable for the death.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11678009 https://ww2.kqed.org/news/?p=11678009","disqusUrl":"https://ww2.kqed.org/news/2018/06/28/mario-woods-case-judge-leaves-door-open-for-ex-police-chiefs-testimony/","disqusTitle":"Mario Woods Case: Judge Leaves Door Open for Ex-Police Chief's Testimony","path":"/news/11678009/mario-woods-case-judge-leaves-door-open-for-ex-police-chiefs-testimony","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Federal Judge William Orrick ordered the San Francisco District Attorney's Office Thursday to produce parts of its case file on the 2015 police slaying of 26-year-old Mario Woods. He also left open the possibility that former Police Chief Greg Suhr could be forced to give sworn testimony in the federal civil rights case brought by Woods' mother.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11676486/attorneys-seek-testimony-from-d-a-former-s-f-police-chief-in-mario-woods-case\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Attorneys Seek to Force DA, Former S.F. Police Chief to Testify in Mario Woods Case\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11676486/attorneys-seek-testimony-from-d-a-former-s-f-police-chief-in-mario-woods-case\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/SuhrGascon-1920x842-1180x517.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp style=\"text-align: left\">It’s part of a long-shot legal strategy to hold the city and high-ranking law enforcement officials accountable for Woods' fatal shooting by police in 2015.\u003c/p>\n\u003c/aside>\n\u003cp>Orrick said in court that there is \"no basis for the deposition of the district attorney,\" something attorneys representing Gwendolyn Woods had sought in lieu of access to the DA's case file, which attorneys representing San Francisco and the officers who shot Woods are also seeking.\u003c/p>\n\u003cp>District Attorney George Gascón objected to subpoenas from both sides, citing attorney privilege.\u003c/p>\n\u003cp>\"With respect to the district attorney,\" Orrick said from the bench, \"I'm inclined to order that the documents as requested by the city and county be produced.\"\u003c/p>\n\u003cp>Those include \"all the fact-based documents,\" Orrick said, such as witness statements and photographs. If the district attorney thinks something in the case file gets at privileged information -- he has argued in court filings that witness interview transcripts and recordings are privileged -- Orrick ordered that the office describe the information in a written filing. He'll then rule on whether it should be disclosed.\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>Orrick indicated, as KQED reported last week, that Suhr's statements in the days following the Dec. 2, 2015, shooting in the Bayview could bolster Woods' long-shot legal claim that aims to hold the city and high-ranking officials accountable for the death.\u003c/p>\n\u003cp>Suhr \u003ca href=\"http://www.sfexaminer.com/suhr-claims-video-shows-mario-woods-raised-knife-at-officer-community-in-disbelief/\" target=\"_blank\" rel=\"noopener\">said\u003c/a> on Dec. 4, 2015, that bystander video circulating on social media within hours of Woods' death showed him raise his arm, holding a knife, toward an officer before the first shot was fired.\u003c/p>\n\u003cp>\"We were able to enhance one second of the tweeted video,\" Suhr said at a town hall meeting two days after the shooting, \"which shows the officer engaging with Mr. Woods and Mr. Woods’ arm with the knife outstretched. The officer fearing for his safety. ... He fired in defense of himself, and the other four officers fired in defense of that officer.”\u003c/p>\n\u003cp>He reiterated the statement on Dec. 7, 2015, hours before KQED \u003ca href=\"https://www.kqed.org/news/10786115/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\" rel=\"noopener\">published video analysis\u003c/a> showing Woods' arm raised only after the first shot was fired, as he appears 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>\"The video was pretty easily debunked by the media and ourselves,\" Gwendolyn Woods' attorney, Adante Pointer, said in court Thursday.\u003c/p>\n\u003cp>\"Was this a rush to judgment, was this somebody who essentially ignored the facts, or displayed the 'facts' in such a way to mislead the public?\" Pointer said after the hearing. \"We think that’s highly relevant to determining whether the person who was the captain of the ship of SFPD was steering it away from what we think is the iceberg of accountability.\"\u003c/p>\n\u003cp>But Orrick agreed with Deputy City Attorney Sean Connolly that Woods' lawyers had not yet shown that the city should be held responsible for the death -- through a legal mechanism called a Monell claim.\u003c/p>\n\u003cp>\"It's all supposition,\" Connolly argued in court. \"You don’t get to just use the word Monell and go on a fishing trip.\"\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">'You Executed Him All Over Again': Family Members Respond to S.F. DA's Decisions in Police Shooting Cases\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS31199_alt_735-1180x1075.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp style=\"text-align: left\">'Don't give my story nonchalantly,' Gwendolyn Woods pleaded to reporters.\u003c/p>\n\u003c/aside>\n\u003cp>Plaintiffs cite investigative reporting from multiple news organizations in legal filings attempting to establish that the SFPD under Suhr \"nurtured a permissive culture of excessive force and racial bias.\"\u003c/p>\n\u003cp>The city questioned the validity of those news reports in court filings.\u003c/p>\n\u003cp>\"Defendants dispute plaintiff's use of inflammatory, sensationalized and unproved media allegations as a basis for any part of this legal inquiry,\" the city's position on Suhr's deposition begins.\u003c/p>\n\u003cp>Orrick directed Woods' attorneys to take depositions from other SFPD officials knowledgeable about the Police Department's policies before revisiting whether Suhr should be compelled to testify.\u003c/p>\n\u003cp>\"At the moment, I just don’t have enough to know,\" Orrick told Pointer in court.\u003c/p>\n\u003cp>Pointer acknowledged that others may be able to testify about use-of-force rule changes before and after Woods was killed. But, he said, only Greg Suhr can explain why he said what he did about the shooting.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"You can infer by what a person says or what they do what they were thinking,\" Pointer said after the hearing. \"But only when you ask them point-blank, under oath, should you get the real truth.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11678009/mario-woods-case-judge-leaves-door-open-for-ex-police-chiefs-testimony","authors":["3206"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_18961","news_4379"],"featImg":"news_11678049","label":"news_72"},"news_11676486":{"type":"posts","id":"news_11676486","meta":{"index":"posts_1591205157","site":"news","id":"11676486","score":null,"sort":[1529704537000]},"guestAuthors":[],"slug":"attorneys-seek-testimony-from-d-a-former-s-f-police-chief-in-mario-woods-case","title":"Attorneys Seek to Force DA, Former S.F. Police Chief to Testify in Mario Woods Case","publishDate":1529704537,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Attorneys representing \u003ca href=\"https://www.kqed.org/news/tag/mario-woods\" target=\"_blank\" rel=\"noopener\">Mario Woods\u003c/a>’ mother are trying to force former San Francisco Police Chief Greg Suhr and current District Attorney George Gascón to give sworn testimony in a federal civil rights case over the fatal 2015 police shooting.\u003c/p>\n\u003cp>It’s part of a long-shot legal strategy to hold the city and high-ranking law enforcement officials liable for Woods' death, which sent a shock wave through the SFPD that eventually led to \u003ca href=\"https://www.kqed.org/news/10961193/suhr-resigns-after-series-of-fatal-officer-involved-shootings\" target=\"_blank\" rel=\"noopener\">Suhr's resignation\u003c/a> and a sweeping effort to reform the Police Department.\u003c/p>\n\u003cp>\"We’re trying to stop the bloodshed,\" said Gwendolyn Woods' attorney, Adante Pointer. \"What we see here is too many shootings that are going unpunished, undisciplined, unchecked, and we think there is definitely a culture of permissiveness at the San Francisco Police Department.\"\u003c/p>\n\u003cp>Both Suhr and Gascón, represented by San Francisco deputy city attorneys, have objected to subpoenas for their depositions.\u003c/p>\n\u003cp>\"Chief Suhr and District Attorney Gascón didn’t witness the shooting,\" city attorney's spokesman John Coté wrote in an emailed response. \"They don’t have facts that no one else has. This attempt to depose them is simply a transparent effort to harass current or former officials.\"\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">'You Executed Him All Over Again': Family Members Respond to S.F. DA's Decisions in Police Shooting Cases\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS31199_alt_735-1180x1075.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp style=\"text-align: left\">'Don't give my story nonchalantly,' Gwendolyn Woods pleaded to reporters.\u003c/p>\n\u003c/aside>\n\u003cp>Gascón called the slaying of Woods \"disturbing\" and \"unnecessary\" when he \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\">announced his decision\u003c/a> a month ago not to file criminal charges against the officers involved. He said the state of the law prevented him from charging the officers because \"no crime was committed\" -- a conclusion that Gwendolyn Woods' attorney, John Burris, disputes.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"He’s flat wrong,\" Burris said. \"The state of the law doesn’t allow you to just shoot somebody without justification -- police or not.\"\u003c/p>\n\u003cp>Mario Woods, a 26-year-old African-American, allegedly stabbed another man earlier on Dec. 2, 2015, when two patrol officers confronted him near a bus stop in the Bayview District. They would later tell investigators he brandished a knife and walked away.\u003c/p>\n\u003cp>Bystander video of the shooting starts after more officers arrived and deployed in a semicircle around Woods, who had a building at his back. Officers fired beanbag rounds at him and used pepper spray. Those measures appeared to slow Woods, but he didn't drop the knife. As he appears on the video to attempt to walk away, Officer Charles August stepped into his path, between Woods and a group of bystanders down the street.\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 district attorney's report on the shooting says. \"According to August, Woods never raised his voice, but kept repeating, 'You're gonna have to shoot me.' \"\u003c/p>\n\u003cp>August and four other officers fired, hitting Woods 20 times and grazing him once, according to an autopsy. Toxicology tests found methamphetamine and other drugs in his system.\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 as he moved toward an officer.\u003c/p>\n\u003cp>\"The officer fearing for his safety ... he fired in defense of himself and the other four officers fired in defense of that officer,\" Suhr told the meeting.\u003c/p>\n\u003cp>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 rise until after he was shot and began to fall backward. Gwendolyn Woods' attorneys reached the same conclusion several days later, as did Gascón last month.\u003c/p>\n\u003cp>https://youtu.be/ij5TZuohoRg\u003c/p>\n\u003cp>The legal mechanism to hold the city and high-ranking officials liable for Woods' death is called a Monell claim -- after a 1978 U.S. Supreme Court ruling.\u003c/p>\n\u003cp>The claim in the Woods case alleges San Francisco \"has engaged in a pattern and practice of excessive force, failure to discipline and ratification of police misconduct, which proximately caused the police shooting of Mario Woods,\" according to recent filings in the case.\u003c/p>\n\u003cp>University of San Francisco law professor Lara Bazelon said Monell claims are typically very hard to prove. But several scandals surrounding the SFPD before and after Woods' death bolster the strategy in this case, she said -- most importantly, Suhr's statements directly following the shooting.\u003c/p>\n\u003cp>\"That actually underscores why this case may be different,\" Bazelon said. \"Chief Suhr presided over a very tumultuous tenure, in which not only were there fatal uses of force by police against people of color under extremely controversial circumstances, there was also the scandal involving racist and homophobic text messages.\"\u003c/p>\n\u003cp>Woods' attorneys reference in their arguments the wide-ranging case of racist, homophobic and otherwise inappropriate \u003ca href=\"https://www.kqed.org/news/tag/sfpd-text-messaging-scandal\" target=\"_blank\" rel=\"noopener\">text messages\u003c/a> sent by other officers that came to light in spring of 2015, several months before Woods was shot. The city attempted to fire several of the officers, but that effort was delayed for three years through a legal challenge funded by the police officers union.\u003c/p>\n\u003cp>In the months after Woods was shot, Suhr and former Mayor Ed Lee requested \u003ca href=\"https://www.kqed.org/news/10825067/s-f-mayor-pushes-police-to-fast-track-use-of-force-reform-chief-calls-in-feds\" target=\"_blank\" rel=\"noopener\">different types of intervention\u003c/a> from the U.S. Department of Justice while the city's Police Commission rewrote SFPD's 20-year-old use-of-force rules. The DOJ's Office of Community Oriented Policing Services eventually conducted a \u003ca href=\"https://www.kqed.org/news/11126015/federal-review-of-sfpd-finds-major-faults-in-every-area-assessed\" target=\"_blank\" rel=\"noopener\">review that found deficiencies\u003c/a> throughout the SFPD. That's something else cited in Woods' arguments.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\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\">\u003cspan style=\"color: #000000\">No Charges: S.F. DA Closes Two Controversial Police Shooting Cases That Led to Era of Reform\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\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\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS19088_IMG_4926-qut-1180x885.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp>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.\u003c/p>\n\u003c/aside>\n\u003cp>\"The Monell claim in this case is frivolous and should be dismissed,\" city attorney's spokesman Coté said via email. \"The San Francisco Police Department’s policies and practices have long conformed to constitutional standards. That has been proven in case after case for years. Changing a policy is not an indication it was unconstitutional.\"\u003c/p>\n\u003cp>There are indications that federal Judge William Orrick is not as dismissive of Woods' Monell claim as the city attorney's office is: He has already allowed it to continue as part of the overall case instead of granting the city's request to split it off and address potential liability of city officials only if the officers' conduct is found to have violated Woods' constitutional rights.\u003c/p>\n\u003cp>Surprisingly, at least a part of the city attorney's office and Woods' attorneys agree on one issue: Both sides want the district attorney's case file on his investigation into the shooting. Represented by another part of the city attorney's office, Gascón objected.\u003c/p>\n\u003cp>\"The parties are presently meeting and conferring with counsel for the district attorney, but anticipate the issue will require court intervention,\" a recent case management statement says.\u003c/p>\n\u003cp>USF's Bazelon said Woods' Monell claim \"raises an extremely important issue.\"\u003c/p>\n\u003cp>\"[It] makes a big difference in terms of what we as the public get to know about how our police officers are responding in situations like this, which are fraught and complicated and where lives are on the line,\" she said. \"If you get Greg Suhr on the witness stand in a trial, that opens up a public reckoning that we wouldn’t otherwise ever have, certainly not under the criminal justice system given that there is not going to be a prosecution in this case and likely any of the others.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Both parties are scheduled soon to file further briefs about the Suhr and Gascón depositions, as well as other disputes in the case. If Orrick doesn't rule based on the filings, the parties are scheduled for a hearing on June 28.\u003c/p>\n\n","blocks":[],"excerpt":"It’s part of a long-shot legal strategy to hold the city and high-ranking law enforcement officials liable for Woods' fatal shooting by police in 2015. ","status":"publish","parent":0,"modified":1529712202,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":30,"wordCount":1314},"headData":{"title":"Attorneys Seek to Force DA, Former S.F. Police Chief to Testify in Mario Woods Case | KQED","description":"It’s part of a long-shot legal strategy to hold the city and high-ranking law enforcement officials liable for Woods' fatal shooting by police in 2015. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11676486 https://ww2.kqed.org/news/?p=11676486","disqusUrl":"https://ww2.kqed.org/news/2018/06/22/attorneys-seek-testimony-from-d-a-former-s-f-police-chief-in-mario-woods-case/","disqusTitle":"Attorneys Seek to Force DA, Former S.F. Police Chief to Testify in Mario Woods Case","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2018/06/EmslieMarioWoods.mp3","path":"/news/11676486/attorneys-seek-testimony-from-d-a-former-s-f-police-chief-in-mario-woods-case","audioDuration":139000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Attorneys representing \u003ca href=\"https://www.kqed.org/news/tag/mario-woods\" target=\"_blank\" rel=\"noopener\">Mario Woods\u003c/a>’ mother are trying to force former San Francisco Police Chief Greg Suhr and current District Attorney George Gascón to give sworn testimony in a federal civil rights case over the fatal 2015 police shooting.\u003c/p>\n\u003cp>It’s part of a long-shot legal strategy to hold the city and high-ranking law enforcement officials liable for Woods' death, which sent a shock wave through the SFPD that eventually led to \u003ca href=\"https://www.kqed.org/news/10961193/suhr-resigns-after-series-of-fatal-officer-involved-shootings\" target=\"_blank\" rel=\"noopener\">Suhr's resignation\u003c/a> and a sweeping effort to reform the Police Department.\u003c/p>\n\u003cp>\"We’re trying to stop the bloodshed,\" said Gwendolyn Woods' attorney, Adante Pointer. \"What we see here is too many shootings that are going unpunished, undisciplined, unchecked, and we think there is definitely a culture of permissiveness at the San Francisco Police Department.\"\u003c/p>\n\u003cp>Both Suhr and Gascón, represented by San Francisco deputy city attorneys, have objected to subpoenas for their depositions.\u003c/p>\n\u003cp>\"Chief Suhr and District Attorney Gascón didn’t witness the shooting,\" city attorney's spokesman John Coté wrote in an emailed response. \"They don’t have facts that no one else has. This attempt to depose them is simply a transparent effort to harass current or former officials.\"\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">'You Executed Him All Over Again': Family Members Respond to S.F. DA's Decisions in Police Shooting Cases\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS31199_alt_735-1180x1075.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp style=\"text-align: left\">'Don't give my story nonchalantly,' Gwendolyn Woods pleaded to reporters.\u003c/p>\n\u003c/aside>\n\u003cp>Gascón called the slaying of Woods \"disturbing\" and \"unnecessary\" when he \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\">announced his decision\u003c/a> a month ago not to file criminal charges against the officers involved. He said the state of the law prevented him from charging the officers because \"no crime was committed\" -- a conclusion that Gwendolyn Woods' attorney, John Burris, disputes.\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’s flat wrong,\" Burris said. \"The state of the law doesn’t allow you to just shoot somebody without justification -- police or not.\"\u003c/p>\n\u003cp>Mario Woods, a 26-year-old African-American, allegedly stabbed another man earlier on Dec. 2, 2015, when two patrol officers confronted him near a bus stop in the Bayview District. They would later tell investigators he brandished a knife and walked away.\u003c/p>\n\u003cp>Bystander video of the shooting starts after more officers arrived and deployed in a semicircle around Woods, who had a building at his back. Officers fired beanbag rounds at him and used pepper spray. Those measures appeared to slow Woods, but he didn't drop the knife. As he appears on the video to attempt to walk away, Officer Charles August stepped into his path, between Woods and a group of bystanders down the street.\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 district attorney's report on the shooting says. \"According to August, Woods never raised his voice, but kept repeating, 'You're gonna have to shoot me.' \"\u003c/p>\n\u003cp>August and four other officers fired, hitting Woods 20 times and grazing him once, according to an autopsy. Toxicology tests found methamphetamine and other drugs in his system.\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 as he moved toward an officer.\u003c/p>\n\u003cp>\"The officer fearing for his safety ... he fired in defense of himself and the other four officers fired in defense of that officer,\" Suhr told the meeting.\u003c/p>\n\u003cp>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 rise until after he was shot and began to fall backward. Gwendolyn Woods' attorneys reached the same conclusion several days later, as did Gascón last month.\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>The legal mechanism to hold the city and high-ranking officials liable for Woods' death is called a Monell claim -- after a 1978 U.S. Supreme Court ruling.\u003c/p>\n\u003cp>The claim in the Woods case alleges San Francisco \"has engaged in a pattern and practice of excessive force, failure to discipline and ratification of police misconduct, which proximately caused the police shooting of Mario Woods,\" according to recent filings in the case.\u003c/p>\n\u003cp>University of San Francisco law professor Lara Bazelon said Monell claims are typically very hard to prove. But several scandals surrounding the SFPD before and after Woods' death bolster the strategy in this case, she said -- most importantly, Suhr's statements directly following the shooting.\u003c/p>\n\u003cp>\"That actually underscores why this case may be different,\" Bazelon said. \"Chief Suhr presided over a very tumultuous tenure, in which not only were there fatal uses of force by police against people of color under extremely controversial circumstances, there was also the scandal involving racist and homophobic text messages.\"\u003c/p>\n\u003cp>Woods' attorneys reference in their arguments the wide-ranging case of racist, homophobic and otherwise inappropriate \u003ca href=\"https://www.kqed.org/news/tag/sfpd-text-messaging-scandal\" target=\"_blank\" rel=\"noopener\">text messages\u003c/a> sent by other officers that came to light in spring of 2015, several months before Woods was shot. The city attempted to fire several of the officers, but that effort was delayed for three years through a legal challenge funded by the police officers union.\u003c/p>\n\u003cp>In the months after Woods was shot, Suhr and former Mayor Ed Lee requested \u003ca href=\"https://www.kqed.org/news/10825067/s-f-mayor-pushes-police-to-fast-track-use-of-force-reform-chief-calls-in-feds\" target=\"_blank\" rel=\"noopener\">different types of intervention\u003c/a> from the U.S. Department of Justice while the city's Police Commission rewrote SFPD's 20-year-old use-of-force rules. The DOJ's Office of Community Oriented Policing Services eventually conducted a \u003ca href=\"https://www.kqed.org/news/11126015/federal-review-of-sfpd-finds-major-faults-in-every-area-assessed\" target=\"_blank\" rel=\"noopener\">review that found deficiencies\u003c/a> throughout the SFPD. That's something else cited in Woods' arguments.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\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\">\u003cspan style=\"color: #000000\">No Charges: S.F. DA Closes Two Controversial Police Shooting Cases That Led to Era of Reform\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\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\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS19088_IMG_4926-qut-1180x885.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp>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.\u003c/p>\n\u003c/aside>\n\u003cp>\"The Monell claim in this case is frivolous and should be dismissed,\" city attorney's spokesman Coté said via email. \"The San Francisco Police Department’s policies and practices have long conformed to constitutional standards. That has been proven in case after case for years. Changing a policy is not an indication it was unconstitutional.\"\u003c/p>\n\u003cp>There are indications that federal Judge William Orrick is not as dismissive of Woods' Monell claim as the city attorney's office is: He has already allowed it to continue as part of the overall case instead of granting the city's request to split it off and address potential liability of city officials only if the officers' conduct is found to have violated Woods' constitutional rights.\u003c/p>\n\u003cp>Surprisingly, at least a part of the city attorney's office and Woods' attorneys agree on one issue: Both sides want the district attorney's case file on his investigation into the shooting. Represented by another part of the city attorney's office, Gascón objected.\u003c/p>\n\u003cp>\"The parties are presently meeting and conferring with counsel for the district attorney, but anticipate the issue will require court intervention,\" a recent case management statement says.\u003c/p>\n\u003cp>USF's Bazelon said Woods' Monell claim \"raises an extremely important issue.\"\u003c/p>\n\u003cp>\"[It] makes a big difference in terms of what we as the public get to know about how our police officers are responding in situations like this, which are fraught and complicated and where lives are on the line,\" she said. \"If you get Greg Suhr on the witness stand in a trial, that opens up a public reckoning that we wouldn’t otherwise ever have, certainly not under the criminal justice system given that there is not going to be a prosecution in this case and likely any of the others.\"\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>Both parties are scheduled soon to file further briefs about the Suhr and Gascón depositions, as well as other disputes in the case. If Orrick doesn't rule based on the filings, the parties are scheduled for a hearing on June 28.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11676486/attorneys-seek-testimony-from-d-a-former-s-f-police-chief-in-mario-woods-case","authors":["3206"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_19542","news_546","news_1300","news_18961","news_22850","news_545"],"featImg":"news_11676552","label":"news_72"},"news_11671319":{"type":"posts","id":"news_11671319","meta":{"index":"posts_1591205157","site":"news","id":"11671319","score":null,"sort":[1527640758000]},"guestAuthors":[],"slug":"you-executed-him-all-over-again-family-members-respond-to-s-f-das-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","publishDate":1527640758,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"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","blocks":[],"excerpt":"'Don't give my story nonchalantly,' Gwendolyn Woods pleaded to reporters Tuesday outside San Francisco's Hall of Justice.","status":"publish","parent":0,"modified":1527642715,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":25,"wordCount":958},"headData":{"title":"'You Executed Him All Over Again': Family Members Respond to S.F. DA's Decisions in Police Shooting Cases | KQED","description":"'Don't give my story nonchalantly,' Gwendolyn Woods pleaded to reporters Tuesday outside San Francisco's Hall of Justice.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"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/","disqusTitle":"'You Executed Him All Over Again': Family Members Respond to S.F. DA's Decisions in Police Shooting Cases","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_1591205157","site":"news","id":"11670607","score":null,"sort":[1527242416000]},"guestAuthors":[],"slug":"reasonable-vs-necessary-what-keeps-the-s-f-district-attorney-from-prosecuting-officers","title":"Reasonable vs. Necessary: What Keeps the S.F. District Attorney From Prosecuting Officers","publishDate":1527242416,"format":"audio","headTitle":"Reasonable vs. Necessary: What Keeps the S.F. District Attorney From Prosecuting Officers | KQED","labelTerm":{},"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","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1700700904,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":5,"wordCount":89},"headData":{"title":"Reasonable vs. Necessary: What Keeps the S.F. District Attorney From Prosecuting Officers | KQED","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","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"source":"The Bay","sourceUrl":"https://www.kqed.org/news/tag/the-bay","audioUrl":"https://od1.kqed.org/anon.kqed/radio/thebay/2018/05/SFDistrictAttorney.mp3","audioTrackLength":769,"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"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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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/2023/08/possible-5gxfizEbKOJ-pbF5ASgxrs_.1400x1400.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. 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