SAN FRANCISCO, CA – Controversial San Francisco District Attorney Chesa Boudin announced murder charges against an officer who shot a man on a noise complaint in 2017.
Boudin alleges that the officer should have de-escalated the situation instead of resorting to deadly force.
Boudin announced manslaughter charges against San Francisco Police Officer Kenneth Cha during the first week in November from the incident which occurred on January 6th of 2017.
The reason the charges were significantly delayed was due to the suspect in the case, Sean Moore, did not die from injuries he allegedly received from the shooting until last year.
San Francisco District Attorney’s Office Charges SF Police Officer Kenneth Cha with Homicide in Killing of Unarmed Black Man in 2017 – Only Second-Ever SFPD Officer Homicide Prosecution https://t.co/c8Rc2qcCM2
— KH (@Hefbabey) November 4, 2021
The San Francisco District Attorney’s Office released information regarding the cause of death determined by the autopsy. In part, it read:
“The gunshots lacerated Mr. Moore’s liver and struck his right colon, scarring internal organs and causing severe abdominal adhesions.
Mr. Moor died on January 20, 2020; the coroner’s report indicated the cause of death was homicide and that he died from Acute Intestinal Obstruction as a result of the bullet wounds.”
In a statement regarding the charging of Ofc. Cha, Boudin said:
“We rely on officers to follow their training and to deescalate situations; instead, in just eight minutes, Officer Cha elevated a nonviolence encounter to one that took Sean Moore’s life.
Sean Moore was unarmed and at his own home when Officer Cha shot him twice. After a thorough investigation, my office is holding Officer Cha accountable for the death of Dean Moore, whom he lacked a lawful basis to even arrest.
Voluntary manslaughter charges were filed Tuesday and an arrest warrant issued for San Francisco police Officer Kenneth Cha for shooting Sean Moore in 2017. Moore, who was unarmed and suffered from mental health issues, died from his injuries in 2020.https://t.co/a7ghKQOKQD
— (((BrokeAssStuart))) (@BrokeAssStuart) November 2, 2021
“When officers inflict unwarranted violence in flagrant disregard of their training, it denigrates the hard work of other police officers and shatters the trust our community places in law enforcement. Rebuilding that trust requires us to hold those officers who inflict unlawful violence accountable.”
District Attorney @chesaboudin has charged Officer Kenneth Cha in the shooting of Sean Moore, an unarmed schizophrenic man who eventually died of his injuries. This is the second time that an on-duty SF police officer has been charged with homicide. https://t.co/htVWwf5GrO
— Mission Local (@MLNow) November 2, 2021
Ofc. Cha’s attorney, Scott Burrell, released a statement countering the statement from Boudin. He said:
“District Attorney Chesa Boudin’s decision to file charges against Officer Kenneth Cha is surprising and disappointing. Since 2017, both District Attorney Boudin’s administration, as well as the prior administration, declined to file charge against Officer Cha on these very same facts.
The only new “fact” is that Boudin is now facing a recall election. Further, Boudin’s attempts to explain his decision to file charges fall flat.
“In 2017, the District Attorney’s office filed felony charges against Sean Moore for the violent assault on Officer Cha and his partner, and Moore was held to answer on those charges in the Superior Court.
Now, over five years later, Boudin argues that Moore did nothing wrong, and Officer Cha committed a crime. The facts of his case have never changed. Officer Cha lawfully shot his firearm while defending himself and his partner against a dangerous and violent assault. Only naked politics are at play here.”
Beyond the disapproving comments from Cha’s attorney, the San Francisco Police Officers Association President Tonya Montoya weighed in. Montoya said:
“Officers responded to a call for service and encountered the very hostile Sean Moore who was accused of violating a restraining order.
We support Officer Cha’s constitutionally protected right to present his defense against these charges that stemmed from this extremely volatile incident that an autopsy concluded took Mr. Moore’s life while he was serving time in prison on another matter.”
The original incident unfolded in 2017 when officers were called to Moore’s apartment complex over a noise complaint around 4 am which allegedly violated a restraining order. As officers arrived they made contact with Moore who police allege was immediately confrontational with them.
In the body worn camera of one of the officers, at some point while they are trying to speak to Moore, you can see where he attempts to kick one of the officers while he is shouting for the officers to get off his stairs.
Once this happens, pepper spray is deployed and the officers retreat to the bottom of the stairs while Moore goes inside his apartment.
A short time later, Moore is seen exited again and appears to be agitated and has something black in his left hand which is noted by the officers.
Moore starts to walk down the stairs and bends down to pick up something that is white that he had previously thrown onto the stairs. At this point, officers again retreat to the bottom of the stairs while ordering Moore to go to the ground as it is clear they were intending to arrest him.
After several orders were given for Moore to go to the ground and he refused, officers rushed up the top of the stairs in an apparent attempt to take him into custody.
As they approach Moore, he begins retreating up the stairs and stops at his front door. Officers approach him while still ordering him on the ground which he refuses.
Officers then utilized an Asp (impact weapon) and struck Moore on the side of the thigh which is taught during defensive tactics.
Moore does not go to the ground and instead continues standing but now faces the officers who begin retreating back down the stairs.
Moore is then seen kicking towards the officers with his right foot while standing facing the officers, it is at this point, while the officers are retreating, that shots were fired by Officer Cha.
Some who have viewed the body-worn camera that officers were wearing at the time of the incident allege that Moore was trying to retreat into his apartment as opposed to attacking officers when he was shot.
Others, like Yoel Haile from the Criminal Justice Program arm of the ACLU in Northern California, seemingly paint the picture of systemic racism. Haile said:
“The shooting of Sean Moore, an unarmed black man, by San Francisco police is yet another example of unlawful use of deadly force that, according to the Marin County’s coroner’s office, led to Mr. Moore’s untimely death.”
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Cook County prosecutors allege that off-duty officer, Oneta Sampson Carney, was at a Sam’s Club in Evergreen Park on October 30th when the incident occurred.
Prosecutors allege that three men approached Carney and her husband as they were loading the item they had bought inside of the store.
Two of the suspects allegedly offered to assist Carney and her husband as a third jumped into the driver’s seat of the vehicle and sped away. The criminal who was driving the vehicle stopped momentarily as one of the other criminals ran toward the stolen vehicle.
Prosecutors allege that is when Carney fired one round which struck the pavement behind the stolen SUV. Of note to the prosecutors was that the parking lot had many people there, including children.
Although it does not appear that anyone was struck with the bullet fired by Carney, prosecutors are charging her with reckless discharge of a firearm.
The reason is that the prosecutors allege that the suspects presented no weapons and or threat to the couple when the round was fired.
Carney called 911 for help after she had fired the shot to report the theft of her vehicle, however, allegedly left out the part where she had fired a round until responding officers arrived. Investigating officers searched for and recovered a shell casing and Carney’s weapon.
An inspection of the gun showed that her firearm was missing one round.
Carney, who is listed as a sergeant for the Chicago Police Department and a nineteen-year veteran of the force, was arrested and charged with felony reckless discharge of a firearm. When Carney appeared in front of a judge for the first time, her attorney argued that she could not afford anything more than $100 bail.
Considering that information, Judge Arthur Willis set Carney’s bail at $5,000 which means that Carney must find a bondsman and pay at least 10 percent of the $5,000 and offer up something worth $5,000. In assigning the bail, Willis said:
“You’ve done excellent work over the years. This is a one-time error.”
Chicago Police reported that Carney’s SUV was seen in the 200 block of West Wacker Drive after it had rear-ended another vehicle. The occupants that were inside the vehicle, six in total, jumped out and attempted to flee the scene.
Chicago Police Sergeant Rocco Alioto reported on October 31st that police were able to take all six persons who allegedly jumped out of Carney’s vehicle into custody. The oldest person in the vehicle was twenty-six with the rest being juveniles.
The Chicago Police Department, like the vast majority of police agencies throughout the United States, authorize deadly force only in circumstances in which the person being targeted is a realistic threat for great bodily harm or death.
If Carney is in some way able to articulate that she was in reasonable fear that the suspects were trying to run over those that were in the parking lot, she may be able to somehow justify her actions in court. However, even if that were the case, there are plenty of court cases out there that prevent that type of action in that type of situation.
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