San Francisco public defender invokes "Racial Justice Act" in police-shooting case
Jose Corvera, an unhoused man with mental health challenges and limited English proficiency was riding a bike in the Mission District in San Francisco in August of last year. As he rode, he held another bike in tow alongside him. He was also in possession of a replica handgun, which the San Francisco Public Defender's Office said he used to protect himself on the streets.
On that same day, police said they received a report of a stolen bicycle. Officers said they wanted to stop Corvera to question him. What ensued resulted in a street being blocked off, multiple San Francisco police units arriving -- his attorney estimated nearly 80 officers-- the appearance of two military-grade armored vehicles, and Corvera being shot at approximately 15 times from four different officers, including one shot that nearly missed his head, his attorney said.
Corvera was never charged with being in possession of a stolen bike. Instead, he was charged with resisting arrest, brandishing a replica firearm and interfering with the lawful performance of a police officer. His trial began in early November, but ended in a hung jury, leading the public defender's office to argue -- not for the first time -- that Corvera should never have been approached in the first place. The office said some jurors told them that they felt police had confronted their client for racially motivated reasons.
Now the public defender's office has filed a Racial Justice Act claim in Corvera's case. RJA claims are based on a state law that went into effect in 2021 that allows defendants to raise issues of bias in their cases based on race, ethnicity or national origin.
"Mr. Corvera was unjustly singled out by the police based on racial stereotypes of Latinx people, of the unhoused, and of their rights to possess things like bikes," said attorney Kathleen Natividad in a statement released by the public defender's office Wednesday.
On Thursday, police spokesperson Sgt. Kathryn Winters said that the public defender's office is entitled to mount whatever defense they deem appropriate for their client.
"It is up to the courts to determine if the defense has merit," wrote Winters in an email. "The merits of their claim will be argued in court. As for this case, there is a parallel administrative investigation that will examine the officers actions and determine whether they were in policy from the stop through the officer involved shooting."
Winters declined to comment further on the case or whether officers approached Corvera out of bias.
"Because of the pending criminal trial and the pending administrative investigation, we will not speak to the veracity of Mr. Corvera's defense, as it would be inappropriate for us to make public statements that could result in claims that conditions exist that prevent a fair trial for the defendant," she said.
San Francisco Police Chief Bill Scott held a town hall soon after the shooting, as he does with any officer-involved shootings. The department played body-worn camera images of the encounter that showed the gradual buildup of police the morning of Aug. 6, 2022.
According to Cmdr. Paul Yep, Corvera was pursued onto Shotwell Street and an officer reported seeing a gun in his hand. Corvera can be seen holding what looked like a gun in the footage.
Corvera crouched down behind a car and pointed the replica firearm at the officers, who in turn pulled out their weapons. Audio of Corvera can be heard, with him yelling, "Get out of here!" and, "I don't need no help."
Police discharged their firearms, but no one was hurt. Eventually Corvera tossed his fake gun into the street. Police allege his gun then fired, but there is no sound on the audio to confirm this, except for an officer saying, "It went off when he threw it."
At the time of the town hall, the public defender's office said the stop by police had "instigated and escalated a situation which endangered the public, Mr. Corvera, and members of the SFPD."
The RJA hearing is set for Dec. 13. and due to the mistrial, prosecutors are pursuing another trial that is scheduled to begin Dec. 29. Public Defender Mano Raju on Wednesday urged the District Attorney's Office to drop the case.
The District Attorney's Office did not respond to requests for comment.