AG Bonta: No charges in SFPD fatal 2017 shooting of Keita O'Neil by rookie Officer Chris Samayoa
SAN FRANCISCO --California Attorney General Rob Bonta has declined to pursue homicide charges against former San Francisco police officer Chris Samayoa in the 2017 shooting of unarmed carjacking suspect Keita O'Neil, saying the charges could not be proven beyond a reasonable doubt.
Following the decision by Bonta contained in a letter Thursday to San Francisco District Attorney Brooke Jenkins, a judge on Friday officially dismissed charges against Samayoa.
Bonta's office reviewed the case at the Jenkins' request, following her motion to dismiss the charges which had been filed by her predecessor, Chesa Boudin, who was recalled from office.
Jenkins stated in the Feb. 8 motion, "[i]t appears that the case was filed for political reasons and not in the interests of justice... Given the conflicts that have arisen, the evidentiary problems, and the complete lack of good faith surrounding the filing of this matter, we cannot ethically proceed with this prosecution."
On the same day, O'Neil's aunt April Green, through her attorney Brian Ford, also asked the Attorney General's Office to prosecute the case.
"After conducting this comprehensive and thorough review and considering the applicable laws, we conclude that based on all of the evidence available at this time, and considering all likely defenses, the charges against Officer Samayoa cannot be proven beyond a reasonable doubt," said Bonta in his letter to Jenkins Thursday. "We conclude, therefore, that the decision to dismiss the case against Officer Samayoa is not an abuse of discretion."
Ford told CBS News Bay Area in an email that the O'Neill family was devastated by Bonta's decision "to let another murderous cop go free without a trial or even a preliminary hearing."
"We call on Mr. Bonta to open the file and make all of the evidence public instead of cherry-picking evidence that could easily be refuted in court. Ms. Green and the rest of Mr. O'Neil's surviving family were denied their day in court where the evidence would be made public and could be evaluated by a jury of peers, rather than the cloaked back-rooms of corrupt and cowardly politicians," said O'Neill.
"This decision amounts to a sanction of police murder, and sets a dangerous precedent that officers can justify killing civilians based upon imagined fears derived from standard police training," he added.
The decision comes on the same month Jenkins' office declined to file charges in another controversial slaying, the fatal shooting of Banko Brown by an armed security guard at a Walgreens store following an alleged shoplifting attempt. In that case, Jenkins also said it was believed the murder charge could not be proved beyond a reasonable doubt. The decision has generated ongoing protests and calls for Bonta's office to prosecute the case.
Jenkins also declined to flie charges in the case of Sean Moore, another unarmed Black man who died in 2020 of complications from a 2017 SFPD shooting. The DA's office under Boudin had charged the officer with manslaughter in the case.
Boudin had promised to crackdown on any police misconduct during his campaign for office, and the case against Samayoa was the first time the office had filed homicide charges against a law enforcement officer.
The shooting occurred on the morning of Dec. 1. 2017. Samayoa, a rookie who was on his fourth day on the job, and his training officer were among those who responded to a report of a robbery and carjacking on the 1800 block of 23rd Street.
A stolen California Lottery minivan was chased into a dead-end corner of Fitzgerald Ave. and Griffith St., outside the Alice Griffith housing complex. Samayoa had his gun out and was aiming at O'Neil in the van's passenger seat before the patrol car came to a halt.
As O'Neil ran past the officer's patrol car, Samayoa fired at him from inside the vehicle, shattering the glass. He then fired at an unarmed O'Neil through the car's window, striking him once. The bullet struck O'Neil just above the collarbone on the right side. He was transported to San Francisco General Hospital, where he was pronounced dead.
"Mr. O'Neil had no weapons, he was unarmed," Boudin said at the time. "Body camera footage from other officers shows that not a single other officer pulled out their service weapon or pointed it at Mr. O'Neil. As a result of Officer Samayoa's terrible, tragic and unlawful decision that day ... Mr. O'Neil was killed."
After a three-month investigation, Samayoa was fired from the department, but there was a public outcry for further action by the district attorney's office.
